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Overview
A Step-by-Step Guide to Handling Probate
This practical guide is designed to provide you with detailed knowledge of probate processes and best practices for handling the various issues that may arise. Let our seasoned probate attorneys teach you how to navigate those crucial first steps; handle the personal representative; gather, value and distribute all assets; and successfully complete the final accounting. You will also learn how to anticipate tax pitfalls and handle special issues that may arise. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!
- Start the case off on the right foot by confidently navigating critical first steps.
- Advise personal representatives by examining all powers, duties, responsibilities, and compensation guidelines.
- Gather, value and maintain all assets - and learn when and how to employ a financial expert.
- Pick up tips for validating, prioritizing, and satisfying creditor claims.
- Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
- Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.
- Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.
Abbreviated Agenda
- First Steps
- Educating the Personal Representative
- Valuing Decedent's Assets
- Handling Creditor Claims Step-by-Step
- How to Determine Elective Share, Portability and Homestead Allowance
- Planning Post-Mortem, Trust Administration, and Tax Issues
- Wrapping Up - Closing the Estate
- Ethics
- Probate Litigation Process
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
6 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
First Steps
- The First 48 Hours
- Locating the Will and Beneficiaries
- Choosing the Best Form of Administration
- The Estate Timeline - What Must be Done
- Probate Court Filing Procedures and Forms
- Initial Notices to Creditors, Beneficiaries and State Agencies
- Laws of Intestacy
-
Educating the Personal Representative
- Duties, Powers, and Responsibilities Step-by-Step
- Personal Representative Guide/Instructions
- Compensation Guidelines
-
Valuing Decedent's Assets
-
Handling Creditor Claims Step-by-Step
- Validating Claims
- Priority of Creditor Rights
- Selling Property to Satisfy Claims
- Tax Claims and Liens
-
How to Determine Elective Share, Portability and Homestead Allowance
- Portability Rules, Claiming Unused Exemption
- Homestead Allowance
- How to Determine the Elective Share Estate
- Elective Share Rights and Procedure
-
Planning Post-Mortem, Trust Administration, and Tax Issues
- Trust Administration
- Post-Mortem Tax Planning
- Problems With Elections and Non-Probate Assets (IRA Distributions and Their Tax Consequences)
- The Shares of Minors in an Estate
- How to Calculate the Omitted Spouse Share or Omitted Child Share
- Shares of Disabled Adults and Means-Tested Government Benefits
- Finding Real Estate, Bank Accounts, Life Insurance, Intangibles, Etc.
-
Wrapping Up - Closing the Estate
- Formal Closing
- Informal Closing by Statement of Personal Representative
- Final Distributions to Beneficiaries and Liability of Distributees
- Tax Returns - Estate and Income, State and Federal
- Final Accounting and Discharge of Fiduciary
- Inconsistencies Between Inventory and Final Accounting
-
Ethics
- Whom do You Represent? Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Practicing Law in More Than One State
-
Probate Litigation Process
- The Ability of the Estate to Sue or be Sued
- Causes of Action
- Procedural Rules and Evidentiary Provisions
- Lost and Contested Wills
- Deed Contests
- Fiduciary Misconduct, Liability, Disputes with Beneficiaries
Who Should Attend
This program is designed for attorneys. Accountants, trust administrators, estate planners, and paralegals may also benefit.
Speakers
Speaker bio
Brianna R. Keller
is an attorney with Rhoades McKee. She is an estate planning and probate litigation attorney. Ms. Keller prepares wills, navigates tax issues, establishes guardianships and conservatorship, and implements powers of attorney. She earned her B.A. degree, cum laude, from Loyola University Chicago and her J.D. degree, cum laude, from Michigan State University College of Law.
Speaker bio
Okyeame Haley
is an attorney with his own private practice, Haley Law Practice L.L.C. He practices in the areas of trust and estate planning, and business formation. Mr. Haley is a member of the Louisiana State Bar Association, ElderCounsel, and WealthCounsel. He earned his bachelor's degree in finance from Xavier University of Louisiana, his J.D. degree from Howard University School of Law and his LL.M. degree from Washington University School of Law. Mr. Haley was chief deputy clerk for the Louisiana Supreme Court, research attorney on the U.S. House of Representatives Banking and Finance Committee, and a law clerk for Orleans Parish Civil District Court Judge Angelique Reed. He is also a retired law clerk for Louisiana Supreme Court Chief Justice Bernette Joshua Johnson. Mr. Haley is licensed to practice law in Louisiana and recently completed the Goldman Sachs 10,000 Small Business Entrepreneurship program.
Speaker bio
Michael G. Zapson
is a partner at Certilman Balin Adler & Hyman LLP. He concentrates his practice in trusts and estates, and trust and estate litigation. Mr. Zapson also maintains a real estate zoning and land use practice. He represents executors, trustees, real property owners, national companies, REITs lenders and brokers. Mr. Zapson is a member of the Bar Association of the City of New York, Nassau County Bar Association and Long Beach Lawyers Association. He earned his B.A. degree from Cornell University and J.D. degree from the State University of New York at Buffalo.
Speaker bio
Lisa Cosper
is a member of Sutin, Thayer & Browne's Commercial Group, where she focuses her practice on estate planning, probate and trusts. She also works on corporate law matters, as well as liquor licensing. Ms. Cosper's practice involves helping clients protect their legacies by creating and implementing individualized estate plans. Additionally, she provides guidance to business owners in establishing and maintaining appropriate business structures. Ms. Cosper earned her B.A. degree in business law from Arizona State University W.P. Carey School of Business and her J.D. degree, magna cum laude, from Arizona Summit Law School. While in law school, she provided pro bono services including Community Legal Assistance and Wills for Heroes. Before joining the firm, Ms. Cosper worked as a paralegal at an Arizona-based law firm in 2014, focusing on estate planning and administration while pursuing her law degree full-time. Through her experience in estate planning and administration, she developed a strong foundation in writing, drafting, and managing trusts and estates. After becoming a licensed attorney, Ms. Cosper expanded her practice in estate planning and took on leadership responsibilities in the estate administration department, where she guided fellow attorneys on best practices and supervised the department's paralegals. She has been a highly sought after speaker for estate and probate conventions and festivals since 2019. Ms. Cosper has won several awards for her work including Top Corporate Attorney, Albuquerque Journal Readers' Choice Awards, 2023.
Speaker bio
Peter A. Moustakis
is founder and managing member of Sowerby & Moustakis Law, PLLC. He practices in the areas of elder law, estate planning, wills, trusts, Medicaid issues, small business law, LLC formation, and all matters related to firearms in trust administration. Mr. Moustakis is also an adjunct professor at Merrimack College. He has contributed to two family law publications, and written a book called Estate Planning and the Modern Family: Old School Meets New School. Mr. Moustakis is a member of the New Hampshire Bar Association and is president of the New Hampshire Chapter of NAELA (National Academy of Elder Law Attorneys). He is admitted to practice in New Hampshire and Massachusetts. Mr. Moustakis earned his bachelor's degree from the University of Massachusetts, Boston and his J.D. degree from New England Law, Boston.
Speaker bio
Elizabeth H. Johnson
is a senior associate with Spence Law Group where she focuses on the areas of estate, trust, and fiduciary litigation, as well as estate administration, and probate law. She is a member of Baltimore County Bar Association, Anne Arundel Bar Association, Maryland State Bar Association, as well as Association of Certified Fraud Examiners, International Association of Document Examiners, Anne Arundel Estate Planning Counsel, and Baltimore County Provider Council (professional community dedicated to improving lives of older adults). Ms. Johnson earned both her B.A. and J.D. degrees from the University of Illinois. She is admitted to practice in the state of Maryland.
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