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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Estate Planning

Date & Time
  • event Date

    Friday, October 11, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide estates counsel, trustees, and administrators on critical challenges in estate administration. The panel will discuss legal challenges and considerations in defending against or disputing distributions and accounting of assets, handling jointly held assets, spousal claims, issues for unmarried couples, sale of assets and other related issues, and best practices for counsel, trustees, and administrators.

Faculty

Nicole C. Tomlin
Partner
Hanlon Niemann & Wright, PC

Ms. Tomlin is a partner at Hanlon Niemann & Wright, P.C. She focuses her practice on estate planning and estate administration for families who have a family member with a disability, creation of first party special needs trusts and third party supplemental benefits trusts, guardianship, and accessing services from the Division of Mental Health and Addiction Services and the Division of Developmental Disabilities. Ms. Tomlin serves as a court appointed attorney to those alleged to be incapacitated and Court Appointed Guardian ad Litem. She frequently lectures on a variety of disability-related legal topics.

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Christopher Balioni
Attorney
Hanlon Niemann & Wright, PC

Mr. Balioni is a senior litigation member of Hanlon, Niemann & Wright, P.C. where his practice includes business, landlord-tenant, employment law, estate/probate litigation, and contested guardianship. He has experience in hundreds of state and federal cases including jury trials and appellate work. Mr. Balioni brings to the firm a unique perspective on the practice of law gained from a history of litigating constitutional cases. He is admitted to practice before the state courts of New Jersey and New York and, on the federal level, before the United States District Court of New Jersey and the Eastern, Southern, and Northern District Courts of New York. 

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Description

The administration of an estate can be complicated with a multitude of items to consider by executors and trustees such as tax issues, administrating decedent's interests in businesses, and management and protection of assets. Fiduciaries must navigate complex rules and procedures in defending against or disputing claims in the administration of an estate.

Generally, the administration of an estate after an individual's death requires the fiduciary to address certain issues and follow specific procedures to distribute the decedent's assets. This process can involve complications stemming from the marshaling, valuation, sale, and distribution of assets resulting in claims from beneficiaries and creditors. In addition, challenges involving the handling of jointly held assets and issues for unmarried couples add another layer of complexity that must be carefully managed.

Estate counsel must understand a variety of legal and procedural challenges to properly account for any potential issues in estate administration and avoid liability for fiduciaries and beneficiaries.

Listen as our panel discusses the common pitfalls in estate administration, taking control of assets, notice and presentation of claims against an estate, techniques in defending against or disputing distributions and accounting of assets, and best practices to avoid litigation.

Outline

  1. Common pitfalls to avoid in estate administration
  2. Settling assets and debts
    1. Jointly held assets
    2. Unmarried couples
  3. Potential challenges and disputes
    1. Claims period, notice, and presentation against the estate
    2. Spousal claims
    3. Stepchildren
    4. Distributions
  4. Role of court and legal counsel
  5. Applicable laws and regulations
  6. Best practices for counsel

Benefits

The panel will discuss these and other key issues:

  • What are the most common pitfalls to avoid in estate administration?
  • What assets are subject to claims from creditors?
  • What is the role of the court and legal counsel in estate administration?
  • What are the key issues in settling assets and debts?
  • How do you handle disputes or challenges from beneficiaries and creditors?
  • How do you handle jointly held assets and issues for unmarried couples?
  • What are the applicable federal and state laws that must be considered?