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Insurance Law for Common Interest Communities: Condominiums, Cooperatives, and Homeowners Associations
Navigating into the Eye of the Fiduciary Storm [CC]
![Navigating into the Eye of the Fiduciary Storm [CC]](/content/dam/aba-cms-dotorg/products/ecd/ondemand/424217586/424217586.Def.L.png.transform/product-2x/img.png)
Navigating into the Eye of the Fiduciary Storm [CC]
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1.50 total credit hours including
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General
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07/13/2025
1.50 total credit hours including
-
General
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Available for credit
1.50 credit hours
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07/13/2025
1.50 total credit hours including
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General
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Self apply
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07/13/2025
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General
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Self apply
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Available until:
07/13/2025
1.50 total credit hours including
-
General
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Approved
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07/13/2025
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Law & Legal Procedure
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General
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General
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Closed Captioned.
Best practices dictate that persons agreeing to accept appointment as a fiduciary or trust protector consider mitigation of fiduciary exposure and management of fiduciary risks prior to acceptance. Entering into a successor fiduciary role where the prior fiduciary was removed or resigned and litigation is pending or likely presents unique challenges for successor fiduciaries and the attorneys advising them. And, when it is the attorney who has agreed to accept the role these challenges are multiplied. This presentation broaches issues specific to representing successor fiduciaries or acting as fiduciary in these litigious matters and tips for navigating the challenges, including:
• Addressing issues in accepting such a successor fiduciary position;
• Handling investigations of pending or impending claims and disputes;
• Communications with the beneficiaries during the litigation;
• Handling the administration of the fiduciary estate while the litigation is ongoing
• Reporting out and presenting conclusions of the investigation of beneficiary disputes and defending the conclusions before the court in the face of objections;
• A trust protector’s duties and (potential) fiduciary liability;
• Ethical issues facing an attorney who serves as fiduciary or trust protector, including conflicts of interest; and
• Professional fees charged by an attorney who serves as a fiduciary or trust protector.
Product Details
Product Code
RP2207TFSOLC
Duration
90
Publication Date
7/14/2022 12:00:00 AM
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