Faculty Course Information

Online Seminar

Minnesota Probate Process from Start to Finish

Handling Probate From Initial Notices Through the Estate Closing

Division
NBI (98226)
Event Date
05/29/2024
Event Time
8:30 AM - 4:10 PM CDT
Event Planner
Nicole Malone
Email
nicole.malone@nbi-sems.com
Phone
(855) 484-6059

Program Description

Handling Probate From Initial Notices Through the Estate Closing

This "a through z" guide to probate is designed to take you from the first days of the estate timeline through all the steps of marshaling and valuing estate assets, locating and paying the creditors, paying the beneficiaries, and laying the estate to rest. You will receive the latest updates on the probate court procedure and tax laws, practical guidance from experienced probate attorneys on using spousal elective share and resolving estate disputes, and sample forms and checklists to speed up the administration process. Build a solid foundation for your probate practice - register today!

  • Learn the procedure, rules and practical steps to effectively administer a probate.
  • Determine what form of administration is appropriate for a specific probate case.
  • Clarify the order of inheritance for an estate when there is no will.
  • Locate assets and obtain ownership documents more easily with a list of local and online resources.
  • Get a complete view of the sequence of events that must happen before the estate can be closed.
  • Identify common actions that trigger malpractice liability and get tips for staying in the clear.
  • Get practical advice for honoring or contesting all claims against the estate.
  • Find new ways to resolve liquidity issues that delay estate closing and final distributions and payments.
  • Learn what common closing mistakes can allow the estate to be re-opened, and how to avoid them.

Who Should Attend

This basic level online seminar is designed for professionals who want to be more effective in handling the probate process, including:

  • Attorneys
  • Paralegals
  • CPAs and Accountants
  • Financial Planners and Wealth Managers
  • Tax Professionals
  • Trust Officers

Course Content

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Inventory and Appraisement
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Ethics
  8. Final Accounting and Closing the Estate
  9. Probate Disputes and Litigation

Agenda / Content Covered

All times are shown in Central time.
  1. Initial Filing in Probate Court and Estate Timeline
    8:30 - 9:15, Bridget Reischl
    1. Small Estate Administration
    2. Probate Court Procedure
    3. Estate Timetable/Checklist
    4. Formal vs. Informal Probate Administration
    5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
    6. What the Personal Representative Needs to Know and Do
    7. When is Ancillary Administration Necessary?
  2. Law of Intestate Succession
    9:15 - 10:00, Bridget Reischl
    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance
  3. Inventory and Appraisement
    10:00 - 10:40, Charles M. Austinson
    1. Locating Insurance Policies, Deeds and Other Ownership Documents
    2. Obtaining a Tax ID and Marshaling Property
    3. Preparing the Inventory and Appraisal Forms
    4. Dealing with the Probate Referee
    5. Managing Decedent's Assets During Probate
    6. Handling Common Valuation Issues
    7. When to Hire a Valuation Specialist or Appraiser
  4. Probate Property vs. Non-Probate Assets
    10:55 - 11:30, Carly Johnson, Nathaniel J. Ajouri, Yemaya Hanna
  5. Handling Claims Against the Estate
    11:30 - 12:15, Jennifer Gumbel
    1. Required Creditor Notice
    2. Determining Priority of Claims
    3. Allowing and Rejecting Claims, and Paying Them
    4. Handling Lawsuits Against the Estate and the Decedent
    5. Insolvency Issues
  6. Tax Reporting and Post-Mortem Tax Matters
    12:15 - 1:00, Charles M. Austinson
    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate after Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating with Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues
  7. Ethics
    1:30 - 2:30, Steven M. Sitek, Kiralyn J. Locke
    1. Who is Your Client? Avoiding Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Malpractice Liability Risks
      1. Negligence
      2. Breach of Fiduciary Duty
      3. Fraud
  8. Final Accounting and Closing the Estate
    2:45 - 3:25, Jennifer Gumbel
    1. Estate Accounting Procedure
    2. Closing Certificate for Fiduciaries
    3. Closing Decedent's Remaining Accounts
    4. Personal Representative and Attorney Compensation
    5. Extraordinary Services Compensation
    6. When Reopening the Estate is Warranted
    7. Sale of Property and Distributions
  9. Probate Disputes and Litigation
    3:25 - 4:10, Carly Johnson, Nathaniel J. Ajouri
    1. Beneficiary Liability
    2. Fiduciary Liability
    3. Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
    4. Revoked, Multiple, Contested Wills
    5. Common Will Construction Problems
    6. Objections to Accounts and Petitions

Materials Due Date: 04/24/2024


Materials

If you're covering any of the following topics, you must include the (identified) sample documents and any other sample forms/checklists of your choice with your materials:

  • I. Initial Filing in Probate Court and Estate Timeline (estate administration timeline and checklist, sample initial notices)
  • III. Inventory and Appraisement (sample inventory template (blank or with sample assets), sample appraisal)
  • V. Handling Claims Against the Estate (Sample creditor notice, sample letter rejecting a claim)
  • VI. Tax Reporting and Post-Mortem Tax Matters (sample tax forms used in estate administration)
  • IX. Final Accounting and Closing the Estate (sample accounting)

Attendees love forms! Even if your topics are not above - if you can think of any templates, checklists, letters, agreements, provision language, reports, or legal and tax forms that are appropriate for your topic - you are highly encouraged to provide them.

Event Materials Support

Email: eventmaterials@nbi-sems.com

Phone: (800) 777-8707



Nathaniel J. Ajouri is an attorney with Maslon LLP where he helps fiduciaries and individuals navigate often complex probate and estate litigation matters. He also works with a broad spectrum of organizations in business, commercial, and municipal litigation. Mr. Ajouri is dedicated to helping clients through all stages of the process, working closely with them to achieve their goals. He often draws upon his experiences living and studying internationally to offer a unique perspective on his clients' concerns. Mr. Ajouri received his law degree summa cum laude from Mitchell Hamline School of Law. He earned his bachelor's degree in psychology and music technology, dual honors, from Keele University in Staffordshire, U.K.; and is a member of the British Psychological Society, as well as the Society's Division of Clinical Psychology and the Division's Faculty of the Psychology of Older People, and Faculty of Forensic Clinical Psychology. Mr. Ajouri currently publishes articles and presents in the area of probate and estate litigation. In his spare time, he enjoys volunteering in his communities. While in law school, he completed more than 150 volunteer hours with the Minnesota Justice Foundation and has been recognized as a North Star Lawyer for his pro bono legal work. While living in Dubai, U.A.E., Mr. Ajouri volunteered with United Service Organizations Inc. (USO) and assisted United States and United States ally military personnel during their rest and relaxation schedules. He is admitted to practice in Minnesota.

Charles M. Austinson is an attorney with Smith Jadin Johnson PLLC where he is a business, tax, and estate planning attorney. He provides general corporate and tax counsel to businesses at every stage of their existence, from entity formation and day-to-day operations, to acquisitions and dissolutions. Mr. Austinson's clients engage in a variety of industries and include vehicle dealerships, restaurateurs, and property management companies. He also enjoys counseling individuals and families on their estate plans, ensuring that their legacies endure in a cost and tax efficient manner. Mr. Austinson has been licensed to practice law in the state of Minnesota since 2006. After earning his law degree, cum laude, from the University of St. Thomas School of Law, he practiced both transactional law and commercial litigation at various firms in the Minneapolis metropolitan area. In 2014, to expand his practice base, he returned to school to earn his LL.M. degree in taxation from Georgetown University Law Center. After graduating from Georgetown with distinction, he worked as a tax consultant with a "Big Four" accounting firm's international corporate tax group. In 2017 he opened his own firm focusing on business transactions, tax, and estate planning. Mr. Austinson earned his undergraduate degree in economics from the University of Minnesota and worked in local politics prior to attending law school. He is a member of the Minnesota State Bar Association and the Hennepin County Bar Association. Mr. Austinson is admitted to practice in the state of Minnesota; and the Federal Courts of U.S. District Court, District of Minnesota; and U.S. Tax Court.

Jennifer Gumbel is an attorney at Wagner & Oehler, Ltd., where she serves clients in the areas of estate planning and probate. She takes a special interest in guiding clients in addressing issues arising when their loved ones pass away, and helping them prevent issues from arising in their own estate, especially for farming families locally, and international families globally. Ms. Gumbel is a frequent presenter and blogger on the topic, with a passion to inform people on the process of managing and distributing property after a death, and how to best organize their affairs to make the process as smooth as possible for their loved ones. She is the creator of the website and podcast, An Organized (after)Life. Ms. Gumbel also assists clients in their real estate and business needs, particularly in conjunction with organizing their affairs. She is admitted in Minnesota and U.S Federal Courts. Ms. Gumbel earned her B.A. degree from the University of Minnesota and her J.D. degree, with Honors, from Drake University Law School.

Yemaya Hanna is an attorney with MASLON LLP in the firm's estate planning group, who works with clients to help them achieve their wealth management and legacy goals. She understands the importance of listening carefully to clients' concerns regarding their financial future, business succession, and family needs. Ms. Hanna completed her bachelor's degree with distinction at the University of Minnesota, majoring in political science with a minor in American studies. As an undergraduate, she worked as a political intern in the offices of Senator Al Franken and Governor Mark Dayton. While in law school at the University of Minnesota, she served as an estate planning law clerk for Maslon, gaining valuable experience alongside seasoned practice group partners. Ms. Hanna brought skilled leadership and compassion to the many roles she held as a law student, which included serving as student director of the U of M Law School Immigration and Human Rights Clinic, as co-president of the Black Law Students Association, as vice president of the American Immigration Lawyers Association Student Affiliate; and as Diversity Committee admissions ambassador. For her extensive volunteer work as a law student, including serving as a coach in the UPLIFT Legal Institute for Teens, founded by Maslon, Ms. Hanna was awarded the 2022 Equity and Diversity Award from the University of Minnesota Law School. For her dedication to the Immigration and Human Rights Clinic and its clients, Ms. Hanna was awarded the 2022 Clinical Legal Education Association's Outstanding Clinical Student Award. She is a member of the Maslon UPLIFT: Legal Institute for Teens: volunteer coach; Minnesota Association of Black Lawyers; and the Twin Cities Diversity in Practice: Emerging Leaders Group Representative. Ms. Hanna is admitted to practice in Minnesota.

Carly Johnson is an attorney with Maslon LLP in the firm's litigation group assisting clients across a broad range of general commercial litigation matters, including construction, real estate, contract, and employment disputes, as well as trust and estate litigation. Her practice is informed by her active civic engagement and service, which includes her election to the Oak Park Heights, Minnesota, City Council in 2018, where she currently serves as a member of the League of Minnesota Cities' Improving Service Delivery Policy Committee and as a member of the Minnesota Board of Water and Soil Resources. Additionally, Ms. Johnson serves on the National League of Cities' Energy, Environment, and Natural Resources Federal Advocacy Committee. Serving in public office has broadened her knowledge of government and regulatory operations and helped hone her ability to address complex issues. While earning her degree at Mitchell Hamline School of Law, Ms. Johnson gained valuable experience interning with the Honorable Francis J. Connolly of the Minnesota Court of Appeals. She also served as articles editor for the school's Law Review, mentored 1L students in civil dispute resolution and contract law courses as a Learning Community Leader and worked as a research assistant at the Public Health Law Center in St. Paul, where she researched and compiled policies related to healthy food access and outdoor recreation and drafted legal resource documents on healthy eating and water access policies. Ms. Johnson is admitted to practice in Minnesota, U.S. District Court (Minnesota) and the U.S. Court of Appeals (Eighth Circuit).

Kiralyn J. Locke is an attorney with Bassford Remele, where she maintains a practice with a focus on professional liability, employment law, trust and estates litigation, and commercial litigation. In her professional liability practice, Ms. Locke counsels lawyers and law firms on various professional liability claims, including legal ethics, legal malpractice, and employment disputes related to legal professionals. In addition to her professional liability practice, she conducts employment investigations and represents her clients in employment litigation and trust and estate litigation. Prior to attending law school, Ms. Locke worked as a litigation paralegal, focusing on employment investigations/counseling and products liability. During law school, she represented plaintiffs in EEOC mediations as a certified student attorney at the Mitchell Hamline Employment Discrimination Clinic. Ms. Locke graduated summa cum laude from the Mitchell Hamline School of Law, where she served as an articles editor of the Mitchell Hamline Law Review. She is a member of the ACA International, Inc., Minnesota Defense Lawyers Association, Minnesota Women Lawyers, Association of Professional Responsibility Lawyers, Minnesota State Bar Association (Civil Litigation Section, Professionalism and Ethics Section, Labor & Employment Law Section, Probate, Trusts and Estates Section) and the Hennepin County Bar Association. Ms. Locke is admitted to practice in Minnesota.

Bridget Reischl is an attorney at Decoro Law Office, PLLC, in St. Paul, Minnesota. She is an elder law practitioner whose areas of practice include family and individual planning issues, estate planning and probate, guardianship and conservatorship, vulnerable adult issues, and Medicaid. Ms. Reischl is licensed in Minnesota and Washington. She is a member of the American, Minnesota State, Washington State, Minnesota Lavender, Hennepin County and Ramsey County bar associations; National Academy of Elder Law Attorneys; and Minnesota Women Lawyers. Ms. Reischl earned her B.M. degree from the University of Rochester, Eastman School of Music, Rochester, New York; her A.D. degree from the University of Hartford, Hartt School of Music, West Hartford, Connecticut; and her J.D. degree from Hamline University School of Law, St. Paul, Minnesota.

Steven M. Sitek is a shareholder with the Minneapolis law firm of Bassford Remele, P.A. and co-chair of its Trust and Estate Litigation Practice Group. Steve is an aggressive, efficient and ethical trial attorney with more than 20 years of experience representing clients in trust and estate disputes, commercial and business litigation, fiduciary litigation, legal malpractice defense, and construction and real estate disputes. He has successfully tried dozens of cases in state and federal courts across the country and is a Minnesota State Bar Association Civil Trial Specialist, a certification awarded to less than 3% of trial attorneys in Minnesota. Steve relies on his experience and knowledge to effectively represent his client's interests collaboratively to achieve their ultimate goals for a fair price and in the most efficient manner possible.

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Event Materials Support

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Phone: (800) 777-8707


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