From Estate Planning to Probate: Probate Proceedings, Managing Client Expectations, and Avoiding Ethical Pitfalls

Nicholas Sebastiano | Reminger Co. LPA

P. Nicholas Sebastiano (“Nick”) is a shareholder at Reminger Co. LPA, practicing in the Cleveland office. His practice focuses on litigating trust, estate, and other probate cases, as well as disputes regarding nonprobate transfers. Nick has extensive experience administering trusts, estates, and guardianships. Throughout his years of practice, Nick has represented families, individuals, and businesses in all types of disputes. Nick’s experience allows him to handle complex State and Federal cases from start to finish.

Nick believes that a client centric approach is vital to any successful representation. He considers his client’s goals and objectives to be of primary importance. The combination of his client first approach and experience allows Nick to provide value throughout a representation. Nick is both pragmatic and strategic in his approach to any engagement. Nick is active in the legal and professional communities and maintains close working relationships throughout Northeast Ohio and Western Pennsylvania.

Nick can be reached at, Reminger Co., LPA, 200 Public Square, Suite 1200 Cleveland, Ohio 44114, telephone 216.430.2126, email [email protected].

I. Estate planning and probate: Foundational principles | 1:00pm – 1:15pm

• Understanding how estate planning decisions impact probate outcomes
• Key distinctions between probate and non-probate assets
• Navigating intestacy laws and their impact on estate administration

II. Walkthrough of the probate process | 1:15pm – 1:30pm

• Step-by-step guide to probate administration
• Executor and administrator responsibilities
• Managing creditor claims, estate distributions, and final accounting

III. Essential client communications and ethical considerations | 1:30pm – 1:45pm

• Setting client expectations in probate cases
• Handling emotionally charged situations with beneficiaries and fiduciaries
• Avoiding litigation

IV. Probate litigation: Common disputes and legal strategies | 1:45pm – 2:00pm

• Will contests: Grounds for challenging and defending wills
• Fiduciary misconduct and breach of duty claims
• Alternative dispute resolution vs. litigation strategies in probate conflicts

Break | 2:00pm – 2:10pm

V. Common ethical pitfalls | 2:10pm – 2:30pm

• Scope of representation(s)
• Current client conflicts of interest and former client conflicts of interest
• Lawyer as a witness

VI. Representing clients with diminished capacity | 2:30pm – 2:50pm

• What constitutes diminished capacity and how to identify
• What steps can a lawyer take to protect clients with diminished capacity?
• When a lawyer may, or must, disclose the client’s condition

VII. Confidentiality and responding to subpoenas | 2:50 – 3:10pm

• Review of attorney-client privilege, confidentiality, and work product
• Duties upon receiving a subpoena
• Duties of responding to subpoenas and procedural implications