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Estate and Trust Administration Disputes

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.

94 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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 EstateRelated 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
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on August 29, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Steven H. Holinstat

Steven H. Holinstat

Proskauer Rose LLP

  • Vice-chair of Proskauer Rose LLP’s Fiduciary Litigation Group, and is a senior counsel in Proskauer’s litigation department
  • Proskauer has received Tier One rankings for trusts & estates litigation by U.S. news rankings
  • Broad and diverse background in all aspects of high-stakes commercial litigation
  • He is one of the firm’s principal fiduciary litigators, is the lead litigator in a number of high net worth trust and estate matters, and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
  • Aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD) and the International Chamber of Commerce
  • Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
  • He is also a member of the Surrogate’s Court Committee of the NYS Bar Association, and the Litigation Committee of the NYC Bar Association
  • Can be contacted at [email protected] or 212-969-3104
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!


  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406044
Published 2019
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