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Live Webinar

90-minute live streaming program
  • August 29
  • 1:00 - 2:30 pm EST

Estate and Trust Administration Disputes

August 29

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.

Learning Objectives

  • You will be able to discuss the nature of will contests and the typical grounds for challenging wills.
  • You will be able to review the nature of post-probate litigation claims by and against fiduciaries.
  • You will be able to recognize the differences between methods for resolving estate-related disputes.
  • You will be able to identify the pros and cons of utilizing different methods for resolving estate-related disputes.

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Why Lorman?

Over 32 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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More Program Information

Why Lorman?

Over 32 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

Live Webinar Registration

  • CFP 1.5
     
  • The Certified Financial Planner Board of Standards, Inc. has granted 1.5 hours of continuing education credit. Level of Knowledge: Intermediate.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5 (Pending)
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • CPE 1.8 including Specialized Knowledge 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Specialized Knowledge for 1.8 hours. Prerequisite: basic knowledge of estate planning. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Specialized Knowledge and Applications for 1.5 hours.
     

Who should attend?

This live webinar is designed for attorneys, estate planners, accountants, presidents, vice presidents, CFOs, controllers, business owners and managers, tax managers, financial planners and lenders.

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Why Lorman?

Over 32 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

  • Senior counsel in the Litigation Department for Proskauer Rose LLP that has received Tier One Rankings for trusts and estates litigation by U.S. News Rankings
  • Has a 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
  • When litigation is unavoidable, he is an 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
  • Member of the Surrogate’s Court Committee of the NYS Bar Association, the Litigation Committee of the NYC Bar Association and the Alternative Dispute Resolution Commit-tee for the NYC Bar Association
  • Can be contacted at 212- 969-3104 or [email protected]
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Why Lorman?

Over 32 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.

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Product ID: 406044
Published 2019
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