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Overview
A Comprehensive Step-By-Step Guide to Estate Administration
Whether you're new to estate administration or need a basic refresher, this course will provide you with a comprehensive overview of estate administration, including proper asset valuation and distribution, taxation, and account closing procedures. You'll also learn how to correctly deal with thorny estate administration debt issues, including jointly held assets, business ownership and complex tax issues. Equip yourself with real-life, practical knowledge to ensure you are fully prepared to handle the entire estate administration process from start to finish - register today!
- Learn how to meet every deadline, follow procedures, and complete essential forms.
- Identify key estate administration pitfalls you need to avoid.
- Come away with helpful forms, sample documents, and checklists to assist in the process.
- Acquire strategies to ensure you can help your clients through every step of the probate process.
- Manage your client's entire estate administration procedures properly and effectively.
- Learn how to tackle complex estate administration issues such as tax issues, jointly held assets, and will contests.
- Understand how to properly transfer and distribute assets.
- Explore proper procedures and processes when dealing with insurance claims and debt during estate administration.
- Gain a better understanding of the probate court's procedures so that you can avoid common pitfalls and mistakes.
- Get the latest information on allowances and elections against the will.
- Identify how to properly distribute assets to minors, surviving spouses and trusts.
Abbreviated Agenda
- Commencement of Proceedings and Information Gathering
- Initial Steps to the Estate Administration Process
- Marshalling Assets
- Handling Creditor Claims and Debt
- Complex Issues in Estate Administration
- Handling Estate Administration Tax Issues
- Distribution and Closing of the Estate
- Ethics and Estate Administration
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Tennessee CLE |
|
6.67 Total |
| CPE for Accountants/NASBA |
|
8 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Commencement of Proceedings and Information Gathering
- Appointment of Estate Administration
- Formal vs. Informal Proceedings
- Sample Letters of Authority
- First Meeting With Family or Designated Personal Representative and Determination of Heirs
- Written Fee Agreements
- Tips to Locate Information Quickly Using Online and Government Resources
- Dealing with Multiple States
- Appointment of Estate Administration
-
Initial Steps to the Estate Administration Process
- Understanding the Laws of Intestacy
- Sample Estate Administration Checklists, Forms and Required Notices Needed
- Interpreting Provisions and Terms of Art Found in Wills
- Using Disclaimers Correctly
-
Marshalling Assets
- Procedures to Locating and Marshalling Probate and Non-Probate Assets
- Safe Deposit Boxes and Bank Accounts
- Real Estate
- Brokerage Accounts, 401Ks, IRAs, Pensions and Life Insurance Policies
- Sample Forms and Documents Needed
- Appraisers and Valuing the Property of Probate Estates
- Procedures to Locating and Marshalling Probate and Non-Probate Assets
-
Handling Creditor Claims and Debt
- Sample Forms and Required Notices Needed
- Priority and Payment of Claims
- Late Claims and Contested Claims
- Steps to Ensure all Debt is Located and Handled Correctly
- What if the Assets Don't Cover the Bills?
- Bankruptcy and Foreclosure
- Selling of Assets and Properly Dealing with Creditors
-
Complex Issues in Estate Administration
- Jointly Held Assets
- Spousal Claims
- Allowances and Elections Against the Will
- Handling Unmarried Couples and Stepchildren
- Will Contests, Trust and Estate Disputes
- Business Ownership
- Agency Problems Involving Guardianships, Conservatorships, Powers of Attorney or Other Agency Relationships
-
Handling Estate Administration Tax Issues
- Overview of Tax Matters in Estates & Trusts Including Recent Tax Developments of Note
- Federal and State Estate Tax Considerations
- How the Generation-Skipping Transfer Tax Affects Your Clients
- Income Tax Issues for the Estate and the Heirs
- Examples of Forms Needed
- Tax Deadlines and Handling Extensions
- Resolving Disputes With Taxing Authorities
-
Distribution and Closing of the Estate
- Sample Forms, Agreements and Documents Needed
- Proper Transferring and Distribution of Probate and Non-Probate Assets and Timing of Distributions
- Real Estate
- 401Ks, IRAs, Pensions and Life Insurance Policies
- Distribution of Miscellaneous Assets (Automobiles, Jewelry, Etc.)
- Distributions in Kind
- Distribution to Minors, Surviving Spouse and Trusts
- Disposition of Unclaimed Assets
- Proper Settlement of the Estate
- Formal and Informal Estate Accountings
- Choosing the Appropriate Closing Procedure
- Compensation and Discharge of the Personal Representative
-
Ethics and Estate Administration
- Breach of Fiduciary Responsibility
- Avoiding Conflicts of Interest
- Attorney-Client Privilege
- Fee Agreements
Who Should Attend
This basic level online seminar is designed for professionals who want to be more effective in the estate administration process, such as:
- Attorneys
- CPAs and Accountants
- Paralegals
- Wealth Managers
- Tax Professionals
- Trust Officers
Speakers
Speaker bio
Mitchell I. Lansky
is a member of the Lansky Law Firm in Memphis. He has practiced for more than 30 years, mainly in the areas of estate planning, elder law and corporate/transactional law. Mr. Lansky earned his B.S.B.A. degree from the University of Florida, his J.D. degree from Cumberland School of Law-Samford University and his LL.M. degree in taxation from Washington University. He is also a member of Lawyers With Purpose, a collection of attorneys throughout the U.S. focusing in elder law. Mr. Lansky speaks often to diverse groups concerning estate planning, and especially elder law. He has 3 adult children and 3 grandchildren. Mr. Lansky is active in his community and enjoys running, cycling, and yoga.
Speaker bio
Henry D. Fincher
is a certified civil trial specialist, a certified family law specialist, and a certified elder law attorney recognized by the National Board of Trial Advocacy and the National Elder Law Foundation. A former judge, former state representative, and graduate of Harvard Law School, Mr. Fincher has helped people with their legal problems for more than 30 years. He is a fellow of the American Bar Foundation and a member of the Million Dollar Advocates. Mr. Fincher's practice focuses primarily on contested estates, serious personal injury cases, family law, wills and trusts, and other complex legal matters. He is a member of the New York State Bar Association and the Tennessee Bar Association. Mr. Fincher earned his B.A. degree, with highest honors, from the University of Tennessee and his J.D. degree from Harvard Law School.
Speaker bio
A. Michelle Poss
is a sole practitioner in Nashville. She represents clients in the practice areas of elder law; disability and probate, including estate administrations, conservatorships and guardianships; trust administrations; Social Security; and VA claims. Ms. Poss is a VA accredited attorney and a Rule 31 general civil mediator. She is licensed to practice in all Tennessee courts, and is admitted to the Tennessee Supreme Court and the U.S. Federal courts. Ms. Poss is an active member of the Nashville Bar Association, Tennessee Bar Association, and the Conservatorship Association of Tennessee. She is a former president of the Conservatorship Association of Tennessee, previous co-chair of the NBA Probate Committee, and previous board member of CASA and the St. Thomas Foundation Murfree Circle. Ms. Poss earned her B.S. degree from the Middle Tennessee State University and her J.D. degree from Nashville School of Law.
Speaker bio
Paul S. Parker
is a shareholder in the Nashville law firm of Dodson Parker Behm and Capparella PC, practicing in the areas of estate planning and probate, tax, small business, and corporation law. He has been practicing law for more than 30 years. Mr. Parker started his legal career as a tax attorney with the accounting firm of Ernst & Young, and then worked in the Trust Department of Commerce Union Bank (now Bank of America). He sits on tax committees for the Tennessee and Nashville bar associations. Mr. Parker earned his B.A. degree, cum laude, from Cornell College and his J.D. degree from Vanderbilt University.
Speaker bio
Gregory D. Cotton
is a sole practitioner with the Law Offices of Gregory D. Cotton, where his practice is concentrated in the areas of probate, corporate, personal injury, products liability, domestic relations and criminal law. Mr. Cotton is a member of the Birmingham, Memphis-Shelby County and Tennessee bar associations, and the Alabama State Bar. He earned his B.A. degree from the University of Alabama and his J.D. degree from the Cumberland School of Law of Samford University.
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