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Family Law Disrupted:
When Death and Crime Change Everything
Enrolling now!
Program Overview
Divorce is already a battlefield. What if – someone dies. What if – crime enters the case. And the law you thought you knew fractures.
Please join us for our two-part program, Family Law Disrupted: When Death and Crime Change Everything. Two powerful, high stakes sessions explore what happens when divorce collides with probate law and criminal law.
Session one discusses the family law and probate law consequences of a spouse dying or becoming incapacitated during a divorce proceeding. The legal standards between family court and probate court proceedings can differ, so practitioners in each field need to be aware of the risks and the strategies that can be used to protect a client.
Session two equips practitioners with practical tools, strategic insight, and a deeper understanding of how criminal law principles directly impact family law litigation in California. The Family Code contains multiple references to the Penal Code, particularly in matters involving domestic violence, abuse, spousal support, and even in the division of property. Understanding how criminal statutes operate – and how their elements are proven, rebutted, or strategically addressed – in family court is essential to effective advocacy. We examine the elements of key Penal Code offenses frequently implicated in family court, including how those elements must be established – or challenged – within a family law proceeding. We also delve into evidentiary issues and procedural strategies to effectively litigate matters at the intersection of family and criminal law.
Presenters
• Hon. Anne Kiley – Judge, Los Angeles Superior Court, Family Law Division
• Hon. Kerry R. Bensinger – Judge, Los Angeles Superior Court, Criminal Division
• Steven R. Braccini – Managing Partner, Shepard, Silicon Valley
• Christopher C. Melcher, CFLS-CALS – Walzer Melcher & Yoda LLP
Program Highlights
Session 1: Death and Divorce
• Enforcing or challenging rights of survivorship and beneficiary designations
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- Life insurance
- Qualified retirement plans
- Pay-on-death account
- Joint tenancy |
• Claims for prospective child support after death
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- Calculation of support payable by estate of deceased parent
- Security for support
- Consideration of assets held in trust |
• Protecting property rights of a spouse by terminating marital status prior to death
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- Legal basis to terminate marital status before other issues decided
- Rights of reimbursement of separate property contributed to community property
- Characterization of jointly held property |
• Changes to a will or trust during a divorce proceeding
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- Automatic temporary restraining orders (ATROs) during divorce
- Exceptions to ATROs for will and trust revocation |
• Competency of a spouse to participate in divorce proceedings
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- Guardian ad litem
- Probate conservatorship
- Professional responsibility issues |
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Session 2: Crime and Divorce
• Establishing and contesting the elements of criminal offenses in family court
• Use and admissibility of police reports
• Obtaining and admissibility of body-worn camera footage and 911 recordings
• Authentication and admissibility of private and third-party recordings
• Proper use and limitations of judicial notice
• Securing and using criminal court orders, transcripts and records
• Assertion of the Fifth Amendment privilege in family proceedings, including procedural requirements, judicial obligations, and the use of Pacer-type motions and related protective strategies |
Course Materials
The course materials include a copy of the complete set of slides used by the panelists, plus other supplemental materials. Enrollees in the webcast will be able to download course materials before the program and view them online during the program.
6 Hours MCLE/Specialization Credits
Approval of specialization credit in Family Law has been granted by the California Board of Legal Specialization and approval
of MCLE credit for this activity has been granted by The State Bar of California in the amount of 6 hours.
Visit CFLRonline.com™ and RutterOnline.com™ to earn additional MCLE participatory credit!
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