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DTSTART:20250206T180000Z
DTEND:20250206T193000Z
LOCATION:Doubletree Campbell Centre
UID:2601220250206T180000ZWill Contests: Undue Influence/Lack of Capacity - How Much Evidence is Enough?
DTSTAMP:20260509T045334Z
DESCRIPTION:\nREGISTRATION IS CLOSED\n \nTHERE ARE NO EXCEPTIONS FOR LATE REGISTRATION\n \nWALK-INS ARE NOT GUARANTEED A MEAL\n \nCASH OR CHECK ONLY AT THE DOOR\n \n \n \nLUNCHEON PROGRAM\n \nTHURSDAY, FEBRUARY 6, 2025\n \nDOUBLETREE HILTON \n \nCAMPBELL CENTRE\n \n8250 North Central Expressway, Dallas\n \n(Lunch is served Noon-12:30; Program 12:30-1:30 P.M.)\n \nREGISTRATION DEADLINE: PAYMENT MUST BE RECEIVED BY JANUARY 28 (5:00 P.M.)  \n \nREGISTRATION WILL NOT BE AVAILABLE AFTER THE REGISTRATION DEADLINE\n \nUNDUE INFLUENCE AND LACK OF TESTAMENTARY CAPACITY:\n \nHOW MUCH EVIDENCE IS ENOUGH?\n \n\n \nKEITH STAUBUS\n \n Sponsored by Frost Bank and Mercer Advisors\n \n\n\n\n \n\n\n\n \n\n\n\n \n\n\n\n \nThe topic will be presented from the perspective of a will contestant seeking to address the question: “In the trial of a will contest, as to the claims of undue influence and lack of testamentary capacity, how much evidence is enough?” The presentation is based upon a broad analysis of the actual evidence used to attempt to establish claims of lack of testamentary capacity or undue influence in Texas will contests, gleaned from all Texas Appellate opinions on will contests decided since the Texas Supreme Court set out the elements of undue influence in the landmark case of Rothermel v. Duncan, 369 S.W.2d 917 (Tex. 1963), consisting of sixty years of Texas Appellate Court opinions. The presentation will also analyze and compare the results between jury trials and bench trials, to review the effect of the choice of the trier of fact. The presentation will review how certain types of evidence which are frequently touted as “game changers” actually effected the outcome of the lack of testamentary capacity and undue influence claims at the trial court level in the reviewed cases. Finally, the presentation will address lessons which estate planners should learn about protecting against claims of undue influence and lack of capacity. The presentation will incorporate a game allowing the audience to serve as the judge or jury in guessing how several undue influence/lack of capacity will contests turned out based upon the facts presented at trial.\n \nKeith Staubus is the founding partner of Staubus, Blakenship, Legere & Walker, PLLC, a Texas probate, guardianship and trust litigation firm, complimented by a sophisticated estate planning and asset protection planning practice. He has dedicated his entire 40-year career to probate, guardianship, and trust related legal matters.\n \nThere is continuing ed credit pending for this presentation. The presentation will be posted on the website document library a few days prior to the presentation.   \n \nPlease register online with a credit card payment on the website: scroll down to the bottom of the page and register. LOG IN IS NOT REQUIRED TO REGISTER.  If you need a receipt, print out the confirmation page (receipt will not be sent to a 3rd party).  \n \nWE WOULD LIKE TO THANK OUR MEETING SPONSORS:  Armanino, Bessemer Trust Company, Carter Financial Management, Communities Foundation of Texas, Frost Bank, HighGround Advisors, Mercer Advisors, The Catholic Foundation, Heritage Auctions, The Dallas Foundation, Hancock Whitney Bank, Security National Bank, Saville, McBride & Associates at Merrill Lynch Wealth Management and EisnerAmper. WE WOULD LIKE TO THANK OUR PATRONS: Davis Stephenson, Argent Trust, Glast Phillips Murray, Stout, Carr Riggs & Ingram,  View Capital Advisors, Neuhoff Hunt, Phillips, Huselton, Morgan & Maultsby, Prosperity Bank, Bank of Texas, Maus & Associates, When Pigs Fly Estate Sales & Auctions, American National Bank & Trust, Signet Art, Tarleton Law Firm and Matter Family Office, Bisignano Harrison\n \nIMPORTANT: PLEASE READ BELOW!\n \nTHE CONTINUING EDUCATION SUBMISSION LINKS  ARE DISPLAYED IMMEDIATELY WITH THE REGISTRATION CONFIRMATION. SIGN-IN SHEETS WILL NOT BE AVAILABLE AT THE MEETING. SUBMIT ATTENDANCE AFTER THE MEETING WITH THE LINKS. SUBMISSION DEADLINE: 2/11/25. RECOMMENDATION: SAVE THE LINKS IN A FILE FOR EASY ACCESS.\n \nPLEASE NOTE SPECIAL MEAL REQUEST IS NOT AVAILABLE FOR THIS MEETING\n \n \n
SUMMARY:Will Contests: Undue Influence/Lack of Capacity - How Much Evidence is Enough? - Dallas Estate Planning Council 
PRIORITY:3
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DESCRIPTION:Reminder
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