Issues in Estate Administration: Protecting beneficiary’s rights, real estate, personal representatives, and prosecuting estate administration claims

Robert F. Morris

Stark & Stark - Attorneys at Law

Robert F. Morris is a Shareholder in the Trusts & Estates Group of Stark & Stark.

Paul Norris

Stark & Stark - Attorneys at Law

Paul Norris areas of practice generally include: Construction Litigation; Probate Litigation; Commercial Litigation; and Criminal and Municipal Court representation.

On-Demand: August 12, 2021

$195.00 2 hour CLE

MCLE Credit Information:

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Program Summary

This webinar will cover key issues in estate administration including frequent problems encountered in many estates. Estate administration issues vary widely depending on the assets of each estate, as well as the manner in which the Personal Representative administers the estate.

Topics will also include what a beneficiary can do to protect the beneficiary’s rights, special issues involving real estate, problems caused by the Personal Representative, and prosecuting estate administration claims.

Attorneys can expect to learn the timing, the potential causes of action, and the ways to file and prosecute a Will contest. This CLE will also focus on what a party should consider prior to filing a Will contest, the potential resolutions of a Will contest, and post-resolution proceedings and/or petitions.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

Lifetime transfers – has the estate been depleted before it even begins
Probate vs. Non-probate assets – why are they both important
Recalcitrant Personal Representatives – what are the warning signs and what actions can be taken
Common issues in Estate Administration litigation
Potential Resolutions
Statute of Limitations to File a Will Contest
Considerations prior to Filing a Will Contest
Potential Causes of Action during a Will Contest
How to Prosecute a Will Contest
Potential Resolutions of a Will Contest, as well as post-resolution petitions

Date / Time: August 12, 2021

12:00 pm – 2:10 pm Eastern
11:00 am – 1:10 pm Central
10:00 am – 12:10 pm Mountain
9:00 am – 11:10 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Robert F. Morris | Stark & Stark – Attorneys at Law

Robert F. Morris is a Shareholder in the Trusts & Estates Group of Stark & Stark. Mr. Morris’ practice focuses on the areas of estate planning, wills, trusts, and probate. Mr. Morris has substantial experience in drafting sophisticated estate planning documents including complex wills, insurance trusts, personal residence trusts, and grantor trusts. He provides counsel to both fiduciaries and beneficiaries in all aspects of trust, probate, and estate administration, including the litigation of contested estates and trusts.

Mr. Morris’ estate planning practice also includes business succession planning, partnership agreements, and limited liability operating agreements. His real estate practice focuses upon contracts and leases for real property, particularly as they relate to estate planning issues.

Mr. Morris is the founder and current chair of the Mercer County Bar Association, Estate Planning & Probate Committee. He is a frequent lecturer on estate planning and probate issues at civic and Bar organizations. For four years following law school, Mr. Morris served in the U.S. Army Judge Advocate General’s Corps and was assigned to the Army Armor Center, Fort Knox, Kentucky.

Paul Norris| Stark & Stark – Attorneys at Law

Paul Norris areas of practice generally include: Construction Litigation; Probate Litigation; Commercial Litigation; and Criminal and Municipal Court representation. Mr. Norris has an extensive Probate Litigation practice, which involves either defending or initiating Will contests on behalf of beneficiaries and purported beneficiaries of an Estate as well as related litigation concerning guardianship proceedings, applications to remove executors, or issues with the improper utilization of a power of attorney.

Mr. Norris also represents clients in all aspects of complex Commercial Litigation. He has successfully defended and prosecuted contractual claims which have varied in their complexity, as well as complex franchise claims under the New Jersey franchise Practices Act. Further, Mr. Norris regularly litigates contractual disputes between corporate entities in both State and Federal Court.

Agenda

i. Lifetime transfers | 12:00pm – 12:15pm
ii. Probate vs. Non-probate assets | 12:15pm – 12:25pm
iii. Recalcitrant Personal Representatives | 12:25pm – 12:35pm
iv. Common issues in Estate Administration litigation | 12:35pm – 12:45pm
v. Potential Resolutions | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

vi. Statute of Limitations to File a Will Contest | 1:10pm – 1:25pm
vii. Considerations prior to Filing a Will Contest | 1:25pm – 1:35pm
viii. Potential Causes of Action during a Will Contest | 1:35pm – 1:45pm
ix. How to Prosecute a Will Contest | 1:45pm – 1:55pm
x. Potential Resolutions of a Will Contest, as well as post resolution petitions | 1:55pm – 2:10pm