Timothy Gallagher recently presented a 45-minute CLE for the Akron Bar Association Probate Law Section.
Tim's presentation was entitled "Probate Litigation and Evidence." Approximately 90 attorneys attended the CLE. The presentation focused on evidentiary issues that arise in probate litigation matters, specifically testamentary capacity, attorney-client medical provider-patient privilege and hearsay.
Tim compared and contrasted the different standards of proof in probate matters, including will construction, will and trust contests, and challenges to beneficiary designations. Tim discussed R.C. 2317.02, which is the statute regarding attorney-client and medical provider-patient privilege, and how the privilege belongs to the client/patient, even in death. Tim covered how the privileges could be waived by the deceased’s spouse or the representative of the deceased’s estate. Finally, Tim reviewed common hearsay objections and exceptions to hearsay in the context of probate disputes.
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