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Estate and Trust Administration Disputes - Webinar (Recorded)

  • Webinar

  • 65 Minutes
  • October 2023
  • Lorman Business Center, Inc.
  • ID: 5879716

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

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

Speakers

  • 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 sholinstat@proskauer.com

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.