Rules of Evidence in Probate – C03


Estates and Probate/Elder Law/Tax Law Track
Estates and Probate Section 

Session C: 2:15 p.m. – 3:45 p.m.

Attendees will be alerted to common and unique evidentiary issues in probate proceedings. 

You will learn: 

  • The most commonly used and misused evidentiary rules in probate proceedings 
  • How to use evidentiary objections in probate proceedings 
     

Moderator:  
John R. Ivimey, Reid and Riege PC, Hartford 

 Attorney Ivimey is a stockholder at Reid and Riege, P.C., where he started his practice in 1991. He received a law degree with high honors from the University of Connecticut School of Law in 1991, a Master’s from Wesleyan University in 2001 and a Bachelor of Arts degree from Colgate University in 1985.

John is a Fellow of the American College of Trusts and Estates Counsel. He is also a member and past president of the Estate and Probate Section of the Connecticut Bar Association, the Central Connecticut Business and Estate Planning Council and the Greater Hartford Probate Forum, and a member of the Estate and Business Planning Council of Hartford, Inc. John is also active locally in the town of Chester, Connecticut, where he lives with his wife and two children.

 

 

Speakers: 
Hon. Michael F. Magistrali, Probate Judge, Torrington Probate District 

Hon. Michael F. Magistrali, the siting Judge for the Torrington Area Probate District, serving the towns of Torrington, Goshen, Winchester, Colebrook, New Hartford, Barkhamsted and Hartland.  Judge Magistrali was first elected to the Torrington Probate Court in November 1998.  He was elected to his present position upon the merger of the Torrington, Winchester and New Hartford Probate Courts in the 2011 statewide probate court consolidation. Judge Magistrali is a 1976 graduate of Boston College and a 1980 graduate of Boston College Law School.  HE began his legal career as an assistant corporation counsel for the city of Boston, Massachusetts, defending civil actions against the city of Boston.  He subsequently served as an Assistant Attorney General for the Commonwealth of Massachusetts in a similar position.  In 1985 he returned to his hometown of Torrington, Connecticut, joining a general law practice in Winsted, Connecticut.  In 1999 he established his own law practice, Michael F. Magistrali & Associates LLC, where he continues to practice today, focusing primarily on real estate, estate planning, and social security disability claims, where the rules of evidence don’t apply.

 

Christopher J. Hug, Robinson and Cole LLP, Hartford 

Attorney Hug is a partner focused exclusively on dispute resolution, whether in classic litigation or in arbitration and/or mediation contexts.

First, he focuses in both federal and state court. Typically, these disputes are contract-based and also involve system failure analysis, manufacturing and/or processing defects, external environmental issues, financial disputes, creditors’ rights, and other matters typically involving multiple experts. Mr. Hug’s more recent experiences include software/hardware installation and maintenance contracts, manufacturing defects, boiler design and installation, wastewater treatment plant disputes, foreclosure, and lender liability defense.

Since joining the firm, Mr. Hug has had an active probate litigation caseload. The matters largely focus on representing institutions in a fiduciary capacity, but he has also represented beneficiaries, both individuals and institutions, in a variety of litigation cases involving will contests, instrument interpretation disputes, breach of fiduciary duties, accounting disputes, and conservatorship appointments. Mr. Hug participated as a member of the Connecticut Probate Practice Book Advisory Committee and assisted in drafting the new Rules of Practice for Connecticut Probate Courts, approved by the Connecticut Supreme Court on November 7, 2012, and effective July 1, 2013. He has appeared as a panel member describing and explaining the new rules to the Connecticut Bar Association and industry groups. Mr. Hug has taught fiduciary administration as an adjunct professor of law at Western New England University School of Law since 2007.

 

CLE Credit: 1.5 Hours (Skills)