Articles and Presentations

– A Litigator’s Snapshot: Perspective on Probate, Guardianship and Trust Disputes

– Will Contests: What Estate Planners Can Expect When It Happens

– Resolving Will, Trust and Estate Contests

• April 11, 2012 – NBI

• Presented by Rodney J. Mason and Alan I. Silver

§ Contest Grounds
§ Pursuing and Defending Claims Against Fiduciaries
§ Procedure
§ Ethical Considerations
§ Gathering the Evidence
§ Litigation Forms
§ Alternative Dispute Resolution (ADR)

– Ethical Considerations

• June 2011 NBI Seminar

• Presented by Rodney J. Mason

• Prepared by Rodney J. Mason

§ Who Is Your Client?
§ Confidentiality in Third-Party Communications
§ Assessing The Client’s Capacity
§ Avoiding Fraudulent Transfers

– Attorney-Client Privilege in Estate Planning

• Sept. 13, 2012 Ramsey County Bar Association, Estates and Trusts Section

• By Rodney J. Mason and Alan I. Silver

• Includes article prepared by Rodney J. Mason

§ Privilege, confidentiality, testamentary exception, implied authority

– Ethical Considerations for the Lawyer Who Is Providing Legal Services to Settlors, Trustees and Beneficiaries of Trusts

• Oct. 19, 2011 – Ramsey County Bar Association, Probate Litigation Issues

• Presented by Rodney J. Mason and John P. Worrell

• Prepared by Rodney J. Mason

§ Privilege, multiple representation, testamentary exception

– Primer for Attorney-Client Communications During the Course of Estate Planning

• Newsletter

• Prepared by Rodney J. Mason and Robert A. McLeod

§ Attorney Duties, Third Parties, Dual Representation
§ The Testamentary Exception
§ Confidentiality, Implied Authority and Waiver
§ Who Controls the File
§ Role of Attorney for Protected Person
§ Diminished Capacity

– Addressing Complex Probate Issues, Establishing Ethical Best Practices and Preparing for Challenging Litigation Issues (plus PowerPoint)

• August 2012 NBI Seminar: Trust Administration: Preventing and Litigating Fiduciary Liability

• Prepared by Rodney J. Mason; presented by Rodney J. Mason

§ Continuation of Decedent’s business
§ Simultaneous Death
§ Partition
§ Ancillary Administration
§ Minor and Incompetent Beneficiaries
§ Conflicts of Interest, Confidentiality, Attorney Fees
§ Probate Jurisdiction
§ Appointment and Removal of Fiduciary
§ Wrongful Death and PI Actions
§ Concealment of Assets and Fraud

– Fiduciary Protection and Controversy Avoidance (plus PowerPoint)

• Sept. 26, 2012 Minn. CLE: “Transfers, Settling & Managing the Non-Probate Estate”

• Prepared by Julia O’Brien, presented by Rodney J. Mason and Julia A. O’Brien

§ Fiduciary Role, Powers, Obligations, Duties
§ Potential Areas of Litigation and Dispute
§ Fraudulent Transfers and Creditors’ Claims
§ Liability and Removal of Fiduciary
§ Attorney-Client Privilege
§ Fiduciary Exception

– Creditors’ Claims and Duties of the PR in the Probate Process

• July 24, 2012 – MINNESOTA PROBATE PRACTICE – From A to Z and Everything in Between! (Creditors’ Claims)

• Prepared by Rodney J. Mason; presented by Rodney J. Mason

• Drafted by Rodney J. Mason

§ Creditors’ claims, presentation, exempt assets, priority, liability of PR