Our Latest Featured Speaker is Daniel Herbert!
Our latest Featured Speaker is Daniel B. Herbert of Manning & Kass, Ellrod, Ramirez, Trester LLP!
Dan recently taught “Trust and Will Contests” during Part 1 of our three-part webinar, Probate Litigation 101: The Nuts and Bolts, covering trust contests, will contests, revocation and probate, and contracts to make a will. Thank you, Dan. Our attendees loved having you.
This three-part program gives attorneys a practical command of probate litigation from end to end: statutory deadlines, probate-specific discovery, capacity and undue influence, trust and will contests, fiduciary removal and accounting disputes, contested conservatorships, 850 petitions and prohibited donees, and finally settlement, trial, evidence, privilege, ethics, and getting paid. The faculty is heavy with California Certified Legal Specialists in Estate Planning, Trust and Probate Law.
Dan is back tomorrow, September 24, for Part 3, teaching two sessions. He joins Kirsten A. Brown and Barry Adams for “Trials and Evidence: Practical Guidance from Final Status Conference Through Closing Argument,” which runs from final status conference and trial briefs through motions in limine, the order of trial, witness examinations, exhibits, objections, and closing argument, and then continues into attorney-client privilege in the fiduciary context and who holds the privilege after death. Dan closes the program with “Ethics: Practical Issues in Probate Litigation.” You can see the detailed agenda and sign up to watch it live, or purchase OnDemand Streaming or a recorded package download, here.
Dan is one of our longest-running faculty members. He has taught our specialist-certification courses in 2013 and 2015, our Trust & Estate Boot Camp in 2014, a probate practical course in 2016, an advanced estate planning seminar for complicated estates in 2016, and earlier editions of Probate Litigation 101 in 2017 and 2019. Our attendees keep coming back to him for the same reason we do, which is that he teaches from cases he has actually tried.
Dan is a partner at Manning & Kass, where he has been head of the firm’s trust and estate litigation group since 2005. Previously he was a partner with McKay, Meyer and Herbert, APC, where he ran that firm’s trust and estate litigation for eight years. He is certified by the California Board of Legal Specialization as a specialist in estate planning, trust, and probate law. Dan has considerable experience prosecuting and defending trust and estate matters through trial and appeal, including actions to remove fiduciaries for malfeasance, actions to recover property and damages from fiduciaries, beneficiaries, and third parties, will and trust contests, and contested conservatorships. He won a $5.4 million judgment at trial during his first two weeks with the firm, and prevailed on a $1.2 million appeal the same day.
Dan has presented to attorneys around the country. He spoke to the American Bar Association at the 2009 Annual Symposia of its Real Property, Trust & Estate Section in Washington, D.C., on trust and probate litigation; to the State Bar of California at its 2014 Summit in Newport Beach on a program called “Litigated to Death: How to Sue, Defend, and Settle with the Dead”; and to the Los Angeles County Bar at its 2015 Trusts & Estates Symposium on ethics for the probate bar. He also gave post-death litigation presentations to civil litigation and trial attorneys in Los Angeles, broadcast live to five other cities, in 2012 and 2016.
He is a published author as well. He wrote “Trustees Face Big Liability” for the Insurance Journal in December 2010, and “Last Beneficiary Standing: Identifying Proper Parties in Fiduciary Litigation” for the ABA e/Report in June 2009.
Dan is admitted to practice in the state and federal courts of California, Illinois, and New York, and before the Seventh and Ninth Circuit Courts of Appeal. He graduated cum laude from Whittier Law School in 1990 with Law Review, Dean’s List, Honor Roll, a Dean’s Merit Scholarship, and several American Jurisprudence Awards. He is a member of the trust and estate sections of the American Bar Association, the California Lawyers Association, the Illinois State Bar Association, the New York State Bar Association, the Los Angeles County Bar Association, and the Pasadena Bar Association.
Welcome back, Dan! It is always a pleasure to have you as a speaker.
