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Overview
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.
Abbreviated Agenda
- Initial Filing in Probate Court and Estate Timeline
- Inventory and Appraisement
- Probate Property vs. Non-Probate Assets
- Handling Claims Against the Estate
- Tax Reporting and Post-Mortem Tax Matters
- Ethics
- Final Accounting and Closing the Estate
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| West Virginia CLE |
|
8 Total | 06-02-2029 |
Select Jurisdiction
CLE
Agenda
-
Initial Filing in Probate Court and Estate Timeline
- Small Estate Administration
- Probate Court Procedure
- Estate Timetable/Checklist
- Formal vs. Informal Probate Administration
- Opening the Estate
- Petition for Probate and Administration and Notice of Hearing
- Required Notices (to Creditors, Heirs, DHS, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
-
Inventory and Appraisement
- Locating Insurance Policies, Deeds and Other Ownership Documents
- Obtaining a Tax ID and Marshaling Property
- Preparing the Inventory and Appraisal Forms
- Dealing with the Probate Referee
- Managing Decedent's Assets During Probate
- Handling Common Valuation Issues
- When to Hire a Valuation Specialist or Appraiser
-
Probate Property vs. Non-Probate Assets
-
Handling Claims Against the Estate
- Required Creditor Notice
- Determining Priority of Claims
- Allowing and Rejecting Claims, and Paying Them
- Handling Lawsuits Against the Estate and the Decedent
- Insolvency Issues
-
Tax Reporting and Post-Mortem Tax Matters
- Final Tax Returns Timeline, Forms and Filing Procedure
- Requesting Deadline Extensions
- Income Tax Considerations in Probate
- Selecting a Tax Year: Calendar or Fiscal?
- Decedent's Final Income Tax Return
- Estate Income Tax Return
- Tax on Income Earned by Estate after Decedent's Death
- Beneficiary Income Tax Considerations
- Proper Use of Disclaimers and Valuation Discounts
- Claiming Estate Tax Portability
- Estate and Gift Tax Considerations - When Do You Need to File Form 706?
- Coordinating with Decedent's Accounting or Investment Advisors
- GST Tax Implications
- Handling Common Property Tax Issues
-
Ethics
- Who is Your Client? Avoiding Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Malpractice Liability Risks
- Negligence
- Breach of Fiduciary Duty
- Fraud
-
Final Accounting and Closing the Estate
- Estate Accounting Procedure
- Closing Certificate for Fiduciaries
- Closing Decedent's Remaining Accounts
- Personal Representative and Attorney Compensation
- Extraordinary Services Compensation
- When Reopening the Estate is Warranted
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
Speakers
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. 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.
Speaker bio
Thomas J. Murphy
is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law. He has successfully litigated cases in the U.S. Tax Court, Arizona Tax Court, and the Arizona Board of Tax Appeals. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and Arizona Medicaid Planning Council. He serves on the Advisory Board of the Phoenix Tax Workshop and the Editorial Board of NAELA News. Mr. Murphy graduated from Tufts University, with honors, and earned his J.D. degree from Suffolk University Law School.
Speaker bio
Stephen C. Littlepage
is a sole practitioner in Point Pleasant, West Virginia, operating the law firm of Hyer & Littlepage, where he practices in the areas of personal injury and criminal litigation. He has served for a number of years as an adjunct professor for Marshall University Community College. Mr. Littlepage earned his B.A. degree from West Virginia University and his J.D. degree from West Virginia University College of Law. He is a member of The West Virginia State Bar. In addition, Mr. Littlepage has been speaking for National Business Institute for the past 30 years on subjects involving personal injury, insurance law, and estate and probate law.
Speaker bio
John K. Dorsey
is an attorney and CPA at John Dorsey, Attorney at Law. He focuses his practice on real estate, probate, and taxation law. Mr. Dorsey earned his B.S. degree from West Virginia Wesleyan College and his J.D. degree from West Virginia University. He is admitted to practice law in West Virginia.
Speaker bio
Martha M. Hall
is an attorney in the law firm of Jackson Kelly PLLC, where she divides her time between the Charleston and Morgantown offices. She works in the firm's estates, trusts and asset protection practice group. Ms. Hall also is a certified public accountant licensed to practice in West Virginia and Pennsylvania. As a CPA, she has practiced in estate planning and taxation relating to individuals, estates, trusts and charitable organizations. Ms. Hall is a member of The West Virginia State Bar (member, Probate Law Committee) and the West Virginia Society of Certified Public Accountants. She earned her Bachelor of Science degree, magna cum laude, from Vanderbilt University, her Master of Professional Accountancy degree from West Virginia University and her Juris Doctorate from the West Virginia University College of Law.
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