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Overview
Creditor Claims, Distributions, Tax Issues, and More!
Working through issues that arise through probate and trust administration can be daunting. Are you well-equipped with the tools you need to succeed? This insightful course will take you through steps in probate administration, including information on creditor and debt issues, tax and more. You will also get valuable insight on trust administration, including the handling of accounting, distributions and taxes. Don't miss this opportunity to hone your probate and trust administration skills - register today!
- Take a closer look at the initial steps for filing the estate.
- Discuss what needs to be done to handle creditor claims and debts.
- Make sure everything is in order for the final distribution of the estate.
- Review what issues need to be addressed concerning taxes in probate administration.
- Get the latest information on taxation concerns associated with trusts.
- Explore the different types of trusts and how they are used.
- Learn ways to manage, sell and distribute property and assets in trust administration.
- Gain a better understanding of the distinctions between trust fiduciary accounting and income tax accounting.
Abbreviated Agenda
- Probate Process and Overview
- Assets, Creditor Claims and Debt Considerations
- Distributions, Final Accounting and Closing the Estate
- What You Need to Know About Trusts
- Tax Issues in Probate Administration
- Ethics and Estate Administration
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alabama CLE |
|
6 Total | 12-31-2026 |
Select Jurisdiction
CLE
Agenda
-
Probate Process and Overview
- Review of the Probate Timeline
- Forms of Administration
- Deadlines to be Aware of
- Documents Used in the Probate Process
- Information Gathering
- Laws of Intestacy
- Initial Petition and Notices
- Sample Forms, Letters and Documents
-
Assets, Creditor Claims and Debt Considerations
- Marshalling Probate and Non-Probate Assets: Key Procedures
- Properly Ensure ALL Debt is Located and Handled
- Required Public Notices to Creditors
- Priority and Payment Determinations for Claims
- Contested Claims and Prescribed Claims
- Appropriately Dealing with Creditors
- Insolvent Estates
- Sale of Assets to Satisfy Creditors
-
Distributions, Final Accounting and Closing the Estate
- Documents Needed to Close the Estate
- Proper Transfer and Timing of Distributions - Probate and Non-Probate Assets
- Distributions in Kind
- Distribution to Minors, Surviving Spouse and Trusts
- Disposition of Unclaimed Assets
- Fees for Personal Representatives and Attorneys
- Annual Accounting Requirements and Format
- Final Accounting Checklist
- Estate Closing Procedures
-
What You Need to Know About Trusts
- Types of Trusts and Their Purpose
- Jurisdiction
- Duties and Powers of the Trustee
- Valuation of Assets
- Funding a Trust
- Communication with Beneficiaries
- Amending and Modifying the Trust
- Trust Administration Checklist
- Sample Forms and Documents
-
Tax Issues in Probate Administration
- State and Federal Tax Considerations
- Tax Deadlines and Extensions
- Essential Tax Forms and Returns
- Deductions and Exemptions
- Income Tax and Basis Adjustment for Decedent's Assets
- Real Property Tax Considerations
-
Ethics and Estate Administration
- Breach of Fiduciary Responsibility
- Avoiding Conflicts of Interest
- Confidentiality
- Fee Agreements
Who Should Attend
This intermediate level online seminar is designed for professionals who want to be more effective in the probate and trust administration process, such as:
- Attorneys
- CPAs and Accountants
- Tax Professionals
- Financial Planners and Wealth Managers
- Trust Officers
- Paralegals
Speakers
Speaker bio
Jennifer M. McInerney
is an attorney with McInerney Law, where her practice is focused in estate planning, primarily for families with special needs children. She is licensed to practice in Alabama and Mississippi. Ms. McInerney is the founding member and co-president of the Board of Directors of Special Siblings, which provides support for children with special needs siblings. She currently serves as the president of the Board of Directors of the Jefferson County Intellectual and Developmental Disability Authority. Ms. McInerney is a member of the Board of Directors for Down Syndrome Alabama, Shelby Humane Society and 25:35. She earned her B.A. degree, magna cum laude, as well as her M.A. degree, summa cum laude, from the University of Alabama at Birmingham. Ms. McInerney earned her J.D. degree from Indiana University School of Law and her LL.M. degree in taxation from Washington University in St. Louis.
Speaker bio
Thad A. Davis
is a member with Davis, Mullins & Davis, LLC in Birmingham, Alabama. He focuses his practice on trusts and estates, with an emphasis on litigation. Mr. Davis represents fiduciaries and beneficiaries in trust and estate cases and related controversies, including will contests, spousal elective share proceedings, common law spouse claims, fiduciary accounting cases, post-death disputes over prenuptial and postnuptial agreements, and intra-family business and real estate litigation. He also advises clients on the administration of estates and trusts as well as their estate planning. Mr. Davis earned his A.B. degree, cum laude, from Duke University, his J.D. degree, magna cum laude, from the University of Alabama School of Law and his LL.M. degree in taxation from the University of Florida where he was a graduate editor of the Florida Tax Review.
Speaker bio
P. David Matheny
is a sole practitioner in Bay Minette, Alabama. He has been practicing law in Baldwin County for over 30 years. His practice is now focused on probate law, including probating estates, small estate planning, guardianships, and conservatorships. Mr. Matheny served as the first County Conservator for Baldwin County, Alabama. He often serves as court representative or guardian ad litem in numerous probate court proceedings. His past trial experience includes the prosecution of capital murder cases and child abuse cases, have served three times as an Assistant District Attorney. Mr. Matheny also served for many years as a part-time special assistant attorney general for the State of Alabama for child protection matters. He earned his B.S. degree from Mississippi State University and his J.D. degree from Mississippi College School of Law.
Speaker bio
Harley S. Herman
practices probate, wills and trust law, and general civil trial law at the Law Office of Herman and Herman in Plant City, Florida. In addition to seminar presentations, he has taught estates and trust law at the FAMU College of Law, and business law and criminal justice at Savannah State University. Mr. Herman is best known for his unprecedented Florida Supreme Court petition that posthumously reinstated the bar membership of Virgil Hawkins, the man whose decade-long litigation desegregated the University of Florida at the cost of his right to attend; a sacrifice that delayed his admission to the bar until he was 70 years old. His largest civil litigation award was a $3 million settlement obtained after a nine-year federal lawsuit brought by the NAACP against the City of Leesburg and the Leesburg Regional Hospital. Mr. Herman served over a year as the lawsuit's sole counsel, facing over 50 attorneys hired by the defendants. He then co-counseled with the Wall Street law firm of Sullivan and Cromwell, and the Lawyer's Committee for Civil Rights Under Law, which was established by President John F. Kennedy. Early in his career, Mr. Herman directed and managed several legal aid offices including Central Florida Legal Services, North Florida Legal Services and Marion County Legal Aid. He earned his J.D. degree from the University of Florida and his LL.M. degree from Stetson University College of Law. Mr. Herman has served as chair and vice chair of numerous Florida Bar sections and committees, including the Student Education and Admission to Bar Committee, Prepaid Legal Services Committee, and Equal Opportunities of Law Section. In 2021, he served on a committee of the Florida Board of Bar Examiners, tasked with evaluating options for the addition of a skills-related component to the Florida Bar exam. For over three decades, he has served as a member of the Florida Bar's Lawyer Advising Lawyers program, which provides advice to attorneys when they encounter troubling or unfamiliar issues while representing clients. Mr. Herman is the founder and president of the Virgil Hawkins Historical Society, and has published a book about Mr. Hawkins, A Cause Worth Fighting For. In his spare time, Mr. Herman offers hundreds of hours of services each year to attorneys who contact him with challenging legal issues encountered in their practices, answering calls and emails after hours and during weekends and holidays.
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