Everyday Probate Disputes: Urgent Strategies for Handling Family Conflict, Will Contests, and Neglectful Executors

Session I - Disputes Over Inheritance and Family Dynamics - Grayson Cannon

This session will cover the types of disputes that may arise over a will, the general legal requirements for claiming and proving each party’s position in these disputes, and how to identify potential disputed issues when doing intake on an estate administration, as well as mediation strategies for these types of disputes. Key topics that will be discussed include intake of probate matters, how to manage estate administration to reduce potential conflict among heirs and beneficiaries, and some considerations for mediation.

Key topics to be discussed:

• Types of will disputes
• Legal requirements for claims
• Identifying disputed issues during intake
• Intake of probate matters
• Conflict reduction in estate administration
• Mediation strategies

Session II - Executor Misconduct and Administrative Challenges - Nicole Thornton

This session explores the complexities that arise when executors fail to meet fiduciary obligations whether through negligence, delay, or self-dealing and teaches you how to spot early warning signs in inventories, communications, and accounting. It covers practical remedies for breach of fiduciary duty, from demands and petitions to compel an accounting to interim suspension, surcharge, and removal actions. The faculty will also show how to navigate conflicts and common layperson misunderstandings about an executor’s role, translating fiduciary duties into clear, client-friendly guidance. Finally, you’ll learn strategies for handling non cooperative beneficiaries or interested parties, including targeted discovery, status conferences, and mediation to keep administration on track.

Key topics to be discussed:

• Spotting executor negligence, delay, or self-dealing
• Remedies for breach of fiduciary duty and removal actions
• Navigating conflicts and layperson misunderstandings
• Handling non-cooperative parties

This course is co-sponsored with myLawCLE.

Closed-captioning available