CLE
Tereina Stidd
Tereina Stidd American Academy of Estate Planning Attorneys (“AAEPA”)
Probate – When It Goes Sideways Advanced Administration, Litigation Triggers, and Risk Management
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Overview AI Webinar Summary
Probate – When It Goes Sideways: Advanced Administration, Litigation Triggers, and Risk Management

Most probate administrations do not fail because of dramatic misconduct. They deteriorate gradually — through premature distributions, valuation missteps, inadequate documentation, undisclosed conflicts, tax errors, and communication breakdowns.

This advanced program examines probate not as a checklist process, but as a risk-managed fiduciary system.

Designed for experienced estate planning and probate practitioners, this session analyzes:

  • Litigation trigger points in otherwise routine administrations
  • Insolvency and statutory priority failures
  • Interim distribution sequencing risk
  • Valuation disputes and business interest complications
  • Multi-state and ancillary administration exposure
  • Tax compliance pitfalls and federal priority issues
  • Professional responsibility and counsel liability considerations

Using the structure of the Uniform Probate Code as a familiar national framework, this program integrates statutory authority, fiduciary principles, and real-world failure patterns to provide practitioners with an operational risk management protocol.

Attendees will leave with practical checklists, defensible documentation strategies, and a disciplined approach to preventing probate litigation before it begins.

This is not a procedural overview: it is a systems-level examination of how probate actually goes wrong — and how to prevent it.

Topics covered include:
Wills, Trusts & Estates
Agenda:
  • Introduction – Why Probate Proceedings Fail and Structural Weaknesses
    • Introduce the structural risk model.
    • Examine the predictable litigation triggers: premature distributions, valuation disputes, undisclosed conflicts, delays liquidation, and communication breakdowns.
    • Frame probate as layered fiduciary governance rather than procedural compliance and highlight the tensions that exist between the beneficiaries and fiduciary with the overlay of statutory deadlines.

  • Fiduciary Duties and Removal and Surcharge
    • Explore the fiduciary duties that serve as the backdrop for all actions taken by the Personal Representative.
    • Consequences of failing to adhere to these duties.

  • Litigation Triggers
    • Explore the actions that most often lead to litigation.
    • Provide practical insight on ways to avoid litigation catalysts.

  • Insolvency
    • Analyze sections 3-805, 3-806, 3-807 and 3-803 of the Uniform Probate Code along with creditor notice requirements (sections 3-801–803), and common payment errors.
    • Discuss how improper payments create personal representative liability and recovery complications.

  • Accounting
    • Accountings serve both informational and evidentiary functions in probate proceedings. While often viewed as procedural requirements, they frequently become the focal point of contested litigation.

  • Valuation Disputes & Closely Held Business Complications
    • Explore appraisal strategy, sale timing scrutiny, minority interest discounts, business continuation authority, and conflict-of-interest implications in business contexts.

  • Multi-State & Ancillary Administration Exposure
    • Address domiciliary vs. ancillary proceedings under Article IV of the Uniform Probate Code, multi-jurisdictional creditor claims, state tax considerations, and conflicts that arise in ancillary proceedings.
    • Identify coordination strategies to avoid cascading procedural error.

  • Professional Responsibility & Counsel as Risk Architect
    • Clarify client identification, conflict analysis under the American Bar Association Model Rules, engagement letter discipline, fee scrutiny, and documentation strategy.
    • Reframe probate counsel’s role from document preparer to risk manager.

  • Tax Compliance & Federal Priority Liability
    • Discuss final Form 1040, fiduciary income tax (Form 1041), estate tax filing considerations (Form 706), portability elections, and exposure under 31 U.S.C. § 3713.
    • Emphasize reserve planning and coordination with tax professionals.

  • Wrap Up
    • When probate administrations deteriorate, the same structural elements frequently appear. Recognizing this pattern allows practitioners to intervene before escalation.

  • Questions and Answers (As Time Permits)
Read More ›
Duration of this webinar: 60 minutes
Originally broadcast: April 24, 2026 10:00 AM PT
Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

Causes of Probate Disputes
Tereina Stidd, the speaker, is introduced with a background in estate planning and her role at the American Academy of Estate Planning Attorneys. Tereina discusses common causes of probate litigation, emphasizing that many lawsuits arise from a lack of communication. She identifies delays in fund distribution and unmet beneficiary expectations as significant sources of friction. Probate is described as a zero-sum game where administrative costs reduce the total amount beneficiaries receive, even in well-managed processes.
Fiduciary Duties and Responsibilities
Tereina outlines fiduciary duties, emphasizing the importance of loyalty, prudent administration, and impartiality in managing estate assets. She warns against self-dealing and stresses the need for fiduciaries to avoid conflicts of interest and maintain transparency with beneficiaries. The duty of prudent administration involves securing and insuring property, avoiding unnecessary delays, and managing assets wisely. Impartiality is crucial, especially in blended family situations, to prevent favoritism and ensure fair treatment of all beneficiaries.
Litigation Triggers and Risk Management
Tereina discusses litigation triggers, such as testamentary capacity and undue influence, which often lead to disputes in probate proceedings. She highlights the importance of addressing unnatural dispositions and elective share rights to prevent litigation. Creditor claims are a common source of disputes, especially in insolvent estates where liabilities exceed assets. Accountings are crucial for transparency and risk mitigation, helping to frame disputes and manage beneficiary expectations.
Multi-State Probate and Professional Responsibility
Tereina discusses the risks associated with multi-state probate issues and not understanding what needs to happen in other states. She advises obtaining local counsel for multi-state matters to ensure compliance with different state laws. Professional responsibility involves clarifying the attorney's role, ensuring beneficiaries understand that the attorney represents the fiduciary, not them. She stresses the importance of clear communication to prevent misunderstandings and potential conflicts.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker
Tereina Stidd
Tereina Stidd Director of Education
American Academy of Estate Planning Attorneys

Tereina Stidd spent over fifteen years in private practice, working in AM Law Top 100 and 200 firms, mid-sized firms, and boutiques. When the opportunity to join the American Academy of Estate Planning Attorneys (the “Academy”) presented itself, she jumped at it. The Academy is an organization dedicated to empowering attorneys from around the country to fulfill their potential through its tested systems, procedures, and workflows. Tereina knew that her broad range of practical experience would be invaluable in her role as the Director of Education at the Academy. Tereina spends her days helping Member firms resolve issues ranging from how best to structure an estate plan to determining which sections of the Internal Revenue Code will apply to a particular transaction to administering estates and trusts efficiently. The range of issues she addresses keep Tereina knowledgeable in all areas relating to Trusts and Estates and provide opportunities for growth, development, and collaboration between Tereina and Academy Members. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 23, 2031

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 23, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 23, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: April 23, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: April 23, 2028

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 31, 2027

Vermont CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: April 24, 2031


This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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