Claims Against the Estate: Overcoming Distribution Challenges, Accounting Demands, and Creditor Claims

Creditor Notice Requirements, Sale of Assets, Liens Against the Estate

Note: CPE credit is not offered on this program

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, September 10, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide estates counsel, trustees, and administrators on critical challenges in addressing claims in estate administration. The panel will discuss legal challenges and considerations in defending against or disputing distributions and accounting of assets, debts and managing creditor claims, sale of assets and related issues, liens against the estate, and best practices to avoid litigation.

Description

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

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 rules stemming from the marshaling, valuation, sale, and distribution of assets resulting in claims from beneficiaries and creditors. 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 fiduciary clients.

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, addressing liens and insolvency, and best practices to avoid litigation. The panel will also discuss challenges in opening an estate such as the distinction between formal and informal probate, as well as problems relating to governing instruments.

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Outline

  1. Types of claims in estate administration
  2. Assets subject to claims, priority, and payments
  3. Claims period, notice and presentation against the estate
  4. Sale of real estate and IRS release of estate tax lien
  5. Addressing insolvency and foreclosure issues
  6. Best practices in handling disputed distributions, accounting, and creditor claims

Benefits

The panel will review these and other key issues:

  • What types of claims can be raised against an estate?
  • What assets are subject to claims from creditors?
  • What are the notice and presentation requirements in pursuing claims against an estate?
  • What are the legal and procedural challenges in managing disputed distributions, accounting, and creditor claims?
  • What issues are presented in the sale of real estate
  • What are the procedures in removing IRS estate tax liens?
  • What methods are available for addressing insolvency and foreclosures?

Faculty

Poulos, Gregory
Gregory Poulos

Atty
Poulos Law Firm

Mr. Poulos is an estate planning and business attorney serving the Phoenix area. With 30 years of experience, he has...  |  Read More

Silverman, Louis
Louis A. Silverman

Atty
Silverman Law Offices

Mr. Silverman has been practicing law for over 30 years. He is admitted to practice in the state courts of Arizona and...  |  Read More

Visnansky, Phillip
Phillip B. Visnansky

Atty
Warner Angle Hallam Jackson & Formanek

Mr. Visnansky practice focuses on helping families navigate complex cases involving probate, guardianship,...  |  Read More

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