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Sponsored by Lorman Education
Product ID: 406044EAU
 
Credit & Course Provided by:

Estate and Trust Administration Disputes

OnDemand Webinar (93 minutes)

Gain an understanding of estate and trust administration disputes and methods to resolve them.Trusts and estate practitioners, including fiduciary litigators, commonly face a variety of potential claims relating to wills. This topic will assist you in identifying the variety of typical claims from pre-probate to accounting claims, the nature of those claims and practical tips in addressing such claims. This information will also provide a broad overview of dispute resolution methods, including party negotiations, mediation, arbitration and litigation. This information is thus critical to litigations in the trusts and estate field.

Authors

Steven H. Holinstat, Proskauer Rose LLP

Agenda

Review of Estate-Related Claims

Pre-Probate Litigation - Will Contests

• Lack of Due Execution

• Forgery

• Lack of Testamentary Capacity

• Undue Influence

• Duress

• Fraud

Post-Probate Litigation

• Determination of Claims Against an Estate

• Claims Against Fiduciaries

- Breach of Fiduciary Duty Claims

- Demand That Fiduciary Provide Estate-Related Information

- Demand That Fiduciary Pay Allowed Claims or Make Distributions to Beneficiaries

- Demand That Fiduciary Pay, in Advance, a Beneficiary's Interest in an Estate

- Demand That Fiduciary Turn Over Specific Property

- Demand That Fiduciary Discontinue or Wind up a Business

• Claims by Fiduciaries

- Obtain Information About Potential Estate Assets

- Recover Property Owned to the Estate

- Advice and Direction Relating to Sale of Estate Assets

- Advice and Direction Relating to Other Extraordinary Circumstances

- For Permission to Continue Operating a Business

• Accounting Proceedings

• Claims for Attorney Compensation

Methods for Resolving Estate Disputes

• Party Negotiations

• Mediation

• Arbitration

• Litigation