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The Modern Partition Action: UPHPA Buyouts, Open-Market Sales, & Professional Responsibility

Heirs’ property partitions no longer end at a courthouse auction. Learn to identify heirs-property status at the outset, navigate court-ordered appraisals, exercise or defend the statutory buyout, apply the partition-in-kind factors, structure a compliant open-market sale order, and recognize the conflicts unique to these matters.

2026-10-22 14:30:00

Program Details

2026-10-22 14:30:00

Program Details

2026-10-22 14:30:00

Over 1,000+ webinars

2026-10-22 14:30:00

Course Overview

The Courthouse Auction Is No Longer the Default

2026-10-22 14:30:00

The Uniform Partition of Heirs Property Act rewrites the sequence of a partition action. Where cotenants once faced a forced sale, the Act now requires a threshold heirs-property analysis and court-ordered appraisals. It adds a statutory buyout election and a mandatory preference for partition in kind. New York adds a mandatory good-faith settlement conference and its “UPHPA 2.0” amendments.

Skip the title and ownership analysis, and the case proceeds under the wrong regime. Miss the buyout window, and the client’s chance to keep the land is gone. Draft a sale order around an auction, and it fails the Act’s open-market requirement. Advise a purchaser of a fractional interest without the statutory constraints, and litigation risk follows. Represent heirs, cotenants, or investors without spotting the conflicts, and competence questions follow.

You leave with a comparative roadmap of the three partition regimes and a threshold analysis for identifying heirs’ property. You get the mechanics for exercising or defending buyout rights and the factors and evidence that drive partition in kind. You get a structure for compliant sale orders and a framework for the conflicts and competence questions on every side. Integrated practice problems tie it together. Judgment calls no form supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Threshold UPHPA Analysis
How to determine at the outset which of the three partition regimes governs, using the title and ownership analysis that decides whether the UPHPA applies and why the Act exists.
02
Early Strategy and Settlement
How pre-suit and early litigation strategy, and New York’s mandatory good-faith settlement conference, shape the case before a court orders an appraisal.
03
Appraisals and Buyout Rights
How to navigate court-ordered appraisals, contest valuation disputes, and exercise or defend the statutory buyout within its procedure, deadlines, and calculations.
04
Partition in Kind or Sale
How to apply the statutory partition-in-kind factors, evidence, and case law, and structure a compliant court-supervised open-market sale order when division in kind is not feasible, including New York’s “UPHPA 2.0” amendments.
05
Fractional-Interest Purchasers
How to advise investor-purchasers of fractional interests within the statutory constraints and the litigation risk they face.
06
Ethics and Practice Problems
How to recognize the conflicts and competence issues unique to heirs’ property matters when representing heirs, cotenants, or investor-purchasers, worked through integrated practice problems.

Program schedule

clock 2:30 pm - 3:30 pm EST

Heirs' Property, Partition, and the UPHPA: From the Problem to the Buyout

This session establishes the conceptual foundation of heirs’ property practice, identifies the governing legal regime, and walks a case from initial client analysis through valuation and the statutory buyout election. Coverage includes why heirs’ property developed and what the Uniform Partition of Heirs Property Act was designed to fix, a comparative roadmap of the three partition regimes a practitioner may encounter, the threshold title and ownership analysis that determines whether the UPHPA applies, pre-suit and early litigation strategy, New York’s mandatory good-faith settlement conference, court-ordered appraisals and valuation disputes, and the mechanics of the statutory buyout. Attorneys will learn how to identify and litigate heirs-property status at the outset of a partition action, navigate the appraisal process, and exercise or defend against buyout rights. Attendees will leave with the practical skills to avoid the procedural pitfalls that lead to dismissal, missed buyout windows, and wasted litigation.

Jacy FisherJacy Fisher
K. Scott KohanowskiK. Scott Kohanowski
clock 3:40 pm - 4:40 pm EST

When the Buyout Does Not End the Case: Partition, Sale, Investors, and Professional Responsibility

This session picks up the case after the buyout stage and addresses disposition of the property, purchaser-side compliance, state variations, and the ethical obligations of counsel on all sides. Coverage includes the UPHPA’s mandatory preference for partition in kind and the statutory factors, evidence, and case law that drive it; the court-supervised open-market sale that replaces the courthouse auction when division in kind is not feasible; New York’s “UPHPA 2.0” amendments; the statutory constraints and litigation risk facing purchasers of fractional interests; and the professional-responsibility questions that arise when counsel represents heirs, cotenants, or investor-purchasers. Attorneys will learn how to apply the partition-in-kind factors, structure compliant sale orders, advise fractional-interest purchasers within statutory limits, and recognize conflicts and competence issues unique to heirs’ property matters. The session closes with integrated practice problems that tie the two hours together.

Jacy FisherJacy Fisher
K. Scott KohanowskiK. Scott Kohanowski
Jacy Fisher

Jacy Fisher

Greg Varner Attorney at Law

K. Scott Kohanowski

K. Scott Kohanowski

Center for NYC Neighborhoods

Jacy Fisher

Jacy Fisher

Greg Varner Attorney at Law

Jacy Fisher is a Partner at Greg Varner Attorney at Law, where her practice includes heirs’ property and real estate litigation. Since 2020 she has represented heirs’ property landowners in Alabama in their fight against involuntary land loss, and she serves as Chief Legal Counsel for Clear Landing, Inc., which provides free title opinions to qualifying heirs’ property owners in underserved Alabama communities. In 2026 she presented at the Urban Institute in Washington, D.C., on the impact of the Uniform Partition of Heirs’ Property Act (UPHPA) on property rights for Alabama landowners.

Education & Credentials

Jacy earned her Juris Doctor from Southern Illinois University School of Law and her Bachelor of Arts in Psychology, with a minor in Criminal Justice, from Southeastern Louisiana University. She is licensed to practice law in Alabama and Missouri. She commissioned as a Judge Advocate (JAG) in the Air National Guard as the Top Graduate of her Air Force Officer Training School class, and received the “Excellence in Advocacy Competition” award at the Air Force Judge Advocate Staff Officer Course.

Recognition & Leadership

Jacy is a 2026 Birmingham Business Journal 40 Under 40 honoree. She is Chief Legal Counsel for Clear Landing, Inc., Governance Committee Chair for the Board of Directors at Alabama Goodwill Industries, and a member of the Advisory Council for the Southern Risk Management Education Center.

Professional Involvement

In 2024 and 2025, Jacy was a panelist at Boston Law School’s “Heirs’ Property & the Preservation of Affordable Housing” conferences, hosted by Professor Thomas Mitchell, the architect of the UPHPA. From 2021 to 2024 she presented annually at the Federation of Southern Cooperatives’ Heirs’ Property Bootcamp, and she collaborates with the Southern Rural Development Center (SRDC) at Mississippi State University and the National Policy Research Center at Alcorn University to deliver national training sessions on “Understanding Heirs’ Property at the Community Level.” She is active in the Heirs’ Property Practitioner Network (HPPN), the Shelby County Bar Association, and the Junior League of Birmingham, and she delivers CLE courses and community trainings on heirs’ property resolution, estate planning, family law, and laws affecting servicemembers.

Experience

Jacy’s practice at Greg Varner Attorney at Law centers on heirs’ property and real estate litigation, with additional work in probate, estate planning, family law, and criminal defense. Before joining the firm, she represented clients in complex divorce cases at The Schechter Law Firm in St. Louis, Missouri, and she began her legal career as an enlisted paralegal in the Air National Guard. She continues to serve in the Alabama Air National Guard. Her writing includes the blog posts “Why the Division of Debt in Divorce is Just as Important as the Division of Assets” and “New DHR Rule Expands Due Process Rights in Child Abuse & Neglect Cases — But Leaves Some Behind.”
K. Scott Kohanowski

K. Scott Kohanowski

Center for NYC Neighborhoods

K. Scott Kohanowski is General Counsel at the Center for NYC Neighborhoods, focusing on heirs property, community stabilization, deed theft, scam prevention and litigation, and foreclosure defense, with a focus on racial equity and social justice. He co-chairs the ABA subcommittee on Heirs Property and, for 13 years, has directed the Homeowner Stability and LGBT Advocacy Projects at the City Bar Justice Center, representing distressed homeowners, supervising cases, training attorneys, and pursuing law reform to preserve housing and communities.

Education & Credentials

Scott graduated summa cum laude from the University of Minnesota in 1996 with a B.A. in Portuguese and Spanish. He earned his J.D. from NYU School of Law in 2001. Following law school, he worked in real estate finance at Morrison & Foerster LLP before transitioning to public interest law, where his career has focused on housing preservation, homeowner advocacy, and related legal issues.

Recognition & Leadership

Scott is co-chair of the ABA subcommittee on Heirs Property. He serves on the New York City Deed Theft Task Force and the New York City Non-Profit Legal Services Foreclosure Prevention Task, and he moderated the forum “Securing the Future - Heirs Property and Estate Planning in New York” at the Center for NYC Neighborhoods’ 2025 Summit, a panel on heirs’ property and tangled title and on estate planning as an accessible act.

Professional Involvement

Scott serves on the New York City Bar Association’s Mortgage Foreclosure Task Force and Condo/Coop Committee, and formerly served on the City Bar’s Housing and Urban Development and LGBT Rights Committees. He is a member of the New York State Bar Association and the National Consumer Law Center, and a former executive board member of the LGBT Bar Association of Greater New York.

Experience

At the City Bar Justice Center, Scott has spent thirteen years directing the Homeowner Stability and LGBT Advocacy Projects, combining direct representation of distressed homeowners with supervision of pro bono and staff attorneys, attorney training, and law reform work on heirs property, deed theft, and foreclosure. As General Counsel of the Center for NYC Neighborhoods, he works within an organization that promotes and protects affordable homeownership in New York so that middle- and working-class families can build strong, thriving communities. Before moving to public interest practice, he worked in real estate finance at Morrison and Foerster LLP.
Jacy Fisher

Jacy Fisher

Greg Varner Attorney at Law

Jacy Fisher is a Partner at Greg Varner Attorney at Law, where her practice includes heirs’ property and real estate litigation. Since 2020 she has represented heirs’ property landowners in Alabama in their fight against involuntary land loss, and she serves as Chief Legal Counsel for Clear Landing, Inc., which provides free title opinions to qualifying heirs’ property owners in underserved Alabama communities. In 2026 she presented at the Urban Institute in Washington, D.C., on the impact of the Uniform Partition of Heirs’ Property Act (UPHPA) on property rights for Alabama landowners.

Education & Credentials

Jacy earned her Juris Doctor from Southern Illinois University School of Law and her Bachelor of Arts in Psychology, with a minor in Criminal Justice, from Southeastern Louisiana University. She is licensed to practice law in Alabama and Missouri. She commissioned as a Judge Advocate (JAG) in the Air National Guard as the Top Graduate of her Air Force Officer Training School class, and received the “Excellence in Advocacy Competition” award at the Air Force Judge Advocate Staff Officer Course.

Recognition & Leadership

Jacy is a 2026 Birmingham Business Journal 40 Under 40 honoree. She is Chief Legal Counsel for Clear Landing, Inc., Governance Committee Chair for the Board of Directors at Alabama Goodwill Industries, and a member of the Advisory Council for the Southern Risk Management Education Center.

Professional Involvement

In 2024 and 2025, Jacy was a panelist at Boston Law School’s “Heirs’ Property & the Preservation of Affordable Housing” conferences, hosted by Professor Thomas Mitchell, the architect of the UPHPA. From 2021 to 2024 she presented annually at the Federation of Southern Cooperatives’ Heirs’ Property Bootcamp, and she collaborates with the Southern Rural Development Center (SRDC) at Mississippi State University and the National Policy Research Center at Alcorn University to deliver national training sessions on “Understanding Heirs’ Property at the Community Level.” She is active in the Heirs’ Property Practitioner Network (HPPN), the Shelby County Bar Association, and the Junior League of Birmingham, and she delivers CLE courses and community trainings on heirs’ property resolution, estate planning, family law, and laws affecting servicemembers.

Experience

Jacy’s practice at Greg Varner Attorney at Law centers on heirs’ property and real estate litigation, with additional work in probate, estate planning, family law, and criminal defense. Before joining the firm, she represented clients in complex divorce cases at The Schechter Law Firm in St. Louis, Missouri, and she began her legal career as an enlisted paralegal in the Air National Guard. She continues to serve in the Alabama Air National Guard. Her writing includes the blog posts “Why the Division of Debt in Divorce is Just as Important as the Division of Assets” and “New DHR Rule Expands Due Process Rights in Child Abuse & Neglect Cases — But Leaves Some Behind.”
K. Scott Kohanowski

K. Scott Kohanowski

Center for NYC Neighborhoods

K. Scott Kohanowski is General Counsel at the Center for NYC Neighborhoods, focusing on heirs property, community stabilization, deed theft, scam prevention and litigation, and foreclosure defense, with a focus on racial equity and social justice. He co-chairs the ABA subcommittee on Heirs Property and, for 13 years, has directed the Homeowner Stability and LGBT Advocacy Projects at the City Bar Justice Center, representing distressed homeowners, supervising cases, training attorneys, and pursuing law reform to preserve housing and communities.

Education & Credentials

Scott graduated summa cum laude from the University of Minnesota in 1996 with a B.A. in Portuguese and Spanish. He earned his J.D. from NYU School of Law in 2001. Following law school, he worked in real estate finance at Morrison & Foerster LLP before transitioning to public interest law, where his career has focused on housing preservation, homeowner advocacy, and related legal issues.

Recognition & Leadership

Scott is co-chair of the ABA subcommittee on Heirs Property. He serves on the New York City Deed Theft Task Force and the New York City Non-Profit Legal Services Foreclosure Prevention Task, and he moderated the forum “Securing the Future - Heirs Property and Estate Planning in New York” at the Center for NYC Neighborhoods’ 2025 Summit, a panel on heirs’ property and tangled title and on estate planning as an accessible act.

Professional Involvement

Scott serves on the New York City Bar Association’s Mortgage Foreclosure Task Force and Condo/Coop Committee, and formerly served on the City Bar’s Housing and Urban Development and LGBT Rights Committees. He is a member of the New York State Bar Association and the National Consumer Law Center, and a former executive board member of the LGBT Bar Association of Greater New York.

Experience

At the City Bar Justice Center, Scott has spent thirteen years directing the Homeowner Stability and LGBT Advocacy Projects, combining direct representation of distressed homeowners with supervision of pro bono and staff attorneys, attorney training, and law reform work on heirs property, deed theft, and foreclosure. As General Counsel of the Center for NYC Neighborhoods, he works within an organization that promotes and protects affordable homeownership in New York so that middle- and working-class families can build strong, thriving communities. Before moving to public interest practice, he worked in real estate finance at Morrison and Foerster LLP.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC2.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA2.0
MD2.0
ME1.0
MI2.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD2.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs