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Overview
Learn How to Handle Assets, Taxes, Personal Representatives, and More!
This step-by-step practical instruction offers essential knowledge of probate processes and best practices for handling each unique case effectively. Learn how to tackle crucial first steps; handle the personal executive; gather, value, and distribute all assets; and successfully complete the final accounting and tax returns. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!
- Don't overlook anything important: confidently navigate critical first steps.
- Understand executor powers, duties, responsibilities, and compensation guidelines.
- Learn how to effectively marshal and inventory all assets.
- Pick up tips for validating, prioritizing, and satisfying creditor claims.
- Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
- Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.
- Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.
Abbreviated Agenda
- Opening the Estate
- Preparing the Personal Representatives for the Job
- Resolving Disputes and Navigating Probate Litigation
- Managing the Estate: Valuations, Spousal Share, and More
- Addressing Creditor Claims
- Post-Mortem Tax Planning, Distributions, and Trust Administration
- Handling Estate Closing, Final Accounting, and Tax Returns
- Maintaining an Ethical Practice
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Oklahoma CLE |
|
7 Total | 09-11-2027 |
Select Jurisdiction
CLE
Agenda
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Opening the Estate
- What to Do in the First 48 Hours
- Obtaining the Will and Getting it Admitted
- Locating and Notifying the Beneficiaries
- Determining if the Estate Qualifies for a Small Estate Administration
- The Estate Timeline - What Must be Done When
- Filing the Initial Petition With the Probate Court: Forms and Procedures
- Sending Initial Notices to the Public and to State Agencies
- Closing the Decedent's Accounts
- Obtaining the Estate Tax ID
- Laws of Intestacy
-
Preparing the Personal Representatives for the Job
- Educating PRs on Their Duties, Powers, and Responsibilities
- Compiling Personal Representative Guide/Instructions
- Clarifying Executor Compensation
- Advising PRs on Potential Problems and Liability
-
Resolving Disputes and Navigating Probate Litigation
- Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
- Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
- Probate Litigation Rules, Procedures, and Evidentiary Provisions
- Fiduciary Misconduct, Liability, Disputes with Beneficiaries
- Effective Approaches to Resolving Disputes Without Going to Court
-
Managing the Estate: Valuations, Spousal Share, and More
- Marshalling and Valuing Decedent's Assets
- Initial Inventory
- Maintenance and Management
- Determining Elective Share and Homestead Allowance
- Spousal Rights: Electing vs. Disclaiming the Share
- Claiming Homestead Allowance
- Portability Rules; Claiming Unused Lifetime Exclusion
- Estate Expenses: Payment and Record-Keeping
- What to Do With the Income the Estate is Producing
-
Addressing Creditor Claims
- Issuing Notices to Creditors: What Works Best
- Validating Claims
- Determining the Priority of Creditor Rights
- Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
- Satisfying Tax Claims and Liens
-
Post-Mortem Tax Planning, Distributions, and Trust Administration
- Managing the Tax Consequences of Elections and Receipt of Non-Probate Assets (e.g. IRA Distributions)
- Tax Implications of Transfers
- Creating Trusts and Subtrusts for Multiple Beneficiaries to Receive Their Shares of the Estate
- What to Do With Bequests and Trust Distributions to Minors
- Post-Mortem Tax Planning Approaches: How Much Maneuver Room is Left?
- How to Calculate the Omitted Spouse Share or Omitted Child Share
- Guarding Disabled Adult Beneficiaries' Benefits Eligibility
-
Handling Estate Closing, Final Accounting, and Tax Returns
- Tax Returns and Deadlines - Estate and Income, State and Federal, Decedent's and the Estate's
- Informal Closing by Statement of Personal Representative
- Compiling and Balancing the Final Account
- Final Distributions to Beneficiaries and Liability of Distributees
- Closing the Estate and Discharging the Fiduciary
-
Maintaining an Ethical Practice
- Whom do You Represent? Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Practicing Law in More Than One State
Who Should Attend
This basic level online seminar is designed for attorneys, accountants, tax professionals, trust officers, executors and other fiduciaries and paralegals.
Speakers
Speaker bio
Johnny P. Akers
is a managing partner of the Law Center of Akers & Esser, located in Bartlesville, Oklahoma. The Law Center of Akers & Esser specializes in tort and contract litigation. Aside from handling numerous personal injury cases, Mr. Akers has also litigated complex civil cases including pipeline explosions to civil rights violations, employment contracts, and sexual assault and battery of minor children. Mr. Akers worked for the Kansas Insurance Department while receiving his J.D. degree from Washburn University School of Law. His office practice also includes advice to clients in regard to business planning, real and personal property issues, and estate planning. Mr. Akers is licensed to practice in the state of Oklahoma in both the state district courts, as well as the federal district courts. He has been admitted to practice in the Federal Court for the Western District of Texas as well. Recently, Mr. Akers made oral arguments on behalf of a client he represented before the Tenth Circuit Federal Court of Appeals in Denver. He also provides pro bono work for many churches, educational and nonprofit organizations. Mr. Akers' resume includes being an adjunct professor, National Business Institute faculty member, and a requested guest lecturer regarding the practice of law.
Speaker bio
Johnnie J. James, III
is an attorney at The Law Office of Johnnie James, PLLC. He specializes in business, criminal defense, DUI law, copyright, estate planning, entertainment, intellectual property, legal consulting, personal injury, and trademark law. Within estate planning, Mr. James focuses on key elements such as wills, trusts, power of attorney, and beneficiary designations ensure assets are distributed according to your wishes while minimizing tax burdens. He earned his degree from The University of Oklahoma and his J.D. degree from Charlotte School of Law. Mr. James is admitted to practice law in Oklahoma and before the U.S. District Court, Northern District of Oklahoma.
Speaker bio
James W. Carlton, Jr.
is a shareholder in the law firm of Garvin, Agee & Carlton, P.C., where he focuses his practice in the areas of estate planning, real estate, probate, estate administration, taxation, municipal and elder law. He is a certified public accountant in Oklahoma and has served as municipal counsel for the cities of Pauls Valley. Mr. Carlton is a member of the Oklahoma County (Real Estate Section), Garvin County, Oklahoma, and American bar associations; and the Oklahoma Society of Certified Public Accountants. He earned his B.A.C. and J.D. degrees from the University of Oklahoma College of Law.
Speaker bio
Rebecca Hargrove-Santos
is an attorney at Goolsby | Proctor. She focuses her practice on estate planning, probate, civil litigation and trial practice, federal Indian law, tribal law, property law, insurance defense, personal injury, products liability, business litigation, and business transactions. Ms. Hargrove-Santos earned her B.A. degree from University of Oklahoma and her J.D. degree from Oklahoma City University School of Law. She graduated, cum laude, with certificates in Estate Planning and American Indian Law.
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