Trusts, Estates & Probate

VA Specific

Live Online

Virginia Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Virginia CLE Approved 6.5 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours 40 minutes
Jennifer Schiffer
Kimberly Martin Turner
J. Gregory Ashwell
Roy Shannon
Seth Royster
Heather Sunderman
With Jennifer O. Schiffer from Bean, Kinney & Korman, P.C. + 5 others

Thu, Aug 20, 00:00 AM – 00:00 PM

Product ID 102109

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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

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Inventory and Appraisement
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Ethics
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate
  10. Probate Disputes and Litigation

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Related Topics

Product ID 102109

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Virginia CLE Approved 6.5 Total
CPE for Accountants/NASBA Approved 8 Total
Select Jurisdiction
CLE
Other

Agenda

All times are shown in

  1. Initial Filing in Probate Court and Estate Timeline

    1. Small Estate Administration
    2. Probate Court Procedure
    3. Estate Timetable/Checklist
    4. Formal vs. Informal Probate Administration
    5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
    6. What the Personal Representative Needs to Know and Do
    7. When is Ancillary Administration Necessary?

  2. Law of Intestate Succession

    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance

  3. Inventory and Appraisement

    1. Locating Insurance Policies, Deeds and Other Ownership Documents
    2. Obtaining a Tax ID and Marshaling Property
    3. Preparing the Inventory and Appraisal Forms
    4. Dealing with the Probate Referee
    5. Managing Decedent's Assets During Probate
    6. Handling Common Valuation Issues
    7. When to Hire a Valuation Specialist or Appraiser

  4. Probate Property vs. Non-Probate Assets

  5. Handling Claims Against the Estate

    1. Required Creditor Notice
    2. Determining Priority of Claims
    3. Allowing and Rejecting Claims, and Paying Them
    4. Handling Lawsuits Against the Estate and the Decedent
    5. Insolvency Issues

  6. Tax Reporting and Post-Mortem Tax Matters

    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate after Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating with Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues

  7. Ethics

    1. Who is Your Client? Avoiding Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Malpractice Liability Risks
      1. Negligence
      2. Breach of Fiduciary Duty
      3. Fraud

  8. Sale of Property and Distributions

    1. Disposition of Real Estate - Title Issues in Probate
    2. Retirement Plans and IRA Distributions
    3. Life Insurance and Other Beneficiary Designations and Accounts
    4. Preliminary and Final Distributions
    5. Calculating Augmented Estate and Spousal Elective Share
    6. Dealing with the Surviving Family Members and Other Beneficiaries
    7. Solving the Problem of Liquidity
    8. Distributions to Trusts

  9. Final Accounting and Closing the Estate

    1. Estate Accounting Procedure
    2. Closing Certificate for Fiduciaries
    3. Closing Decedent's Remaining Accounts
    4. Personal Representative and Attorney Compensation
    5. Extraordinary Services Compensation
    6. When Reopening the Estate is Warranted

  10. Probate Disputes and Litigation

    1. Beneficiary Liability
    2. Fiduciary Liability
    3. Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
    4. Revoked, Multiple, Contested Wills
    5. Common Will Construction Problems
    6. Objections to Accounts and Petitions

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

Jennifer O Schiffer
Jennifer O.
Schiffer
Bean, Kinney & Korman, P.C.
Kimberly Martin Turner
Kimberly
Martin Turner
Yates Campbell LLP
J. Gregory Ashwell
J. Gregory
Ashwell
Ashwell & Ashwell, PLLC
Roy R Shannon
Roy R.
Shannon
Shannon & Wright, LLP
Seth B Royster
Seth B.
Royster
Shannon & Wright, LLP
Heather L Sunderman
Heather L.
Sunderman
McMillan Metro and Faerber, P.C.
Speaker bio
Jennifer O Schiffer

Jennifer O. Schiffer

Bean, Kinney & Korman, P.C.
Jennifer Schiffer

is a shareholder of Bean, Kinney & Korman P.C., where she represents various businesses and their owners in matters relating to business counseling and entity formation, purchase and sale of company stock or assets, business contracts, shareholder or membership agreements, disclosure agreements, commercial real estate, commercial property, and leasing transactions. Ms. Schiffer is also well-versed in business succession planning, estate planning, and estate administration. Her clients range from individuals to a wide array of business entities, including restaurants, medical practices, retailers, builders, limited liability companies, and professional service providers, such as accountants and financial planners. Ms. Schiffer earned her bachelor's degree in economics, as well as her J.D. degree from Vanderbilt University. She is licensed to practice law in Virginia, Maryland and Washington, D.C.

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Speaker bio
Kimberly Martin Turner

Kimberly Martin Turner

Yates Campbell LLP
Kimberly Martin Turner

is an attorney with Yates Campbell LLP. She concentrates her practice on estate planning and trust and estate administration in Virginia, Maryland and the District of Columbia. Ms. Turner drafts wills, trusts, asset agreements, and related instruments. She handles all aspects of estate and trust administration, including probate, accountings, and the preparation and review of estate and fiduciary tax returns. Ms. Turner also serves as counsel to executors and trustees and represents fiduciaries in probate courts in Virginia, the District of Columbia and Maryland.

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Speaker bio
J. Gregory Ashwell

J. Gregory Ashwell

Ashwell & Ashwell, PLLC
J. Gregory Ashwell

is a founding attorney at the law firm of Ashwell & Ashwell, PLLC in Warrenton, Virginia. He practices in the areas of litigation consultation, federal litigation, mediation, estate planning and probate, business and commercial law, bankruptcy, wills and estates, municipal law, and personal injury. He earned his B.A. degree from Old Dominion University, his master's degree in education from the University of Virginia, and his J.D. degree from George Mason University School of Law. He served as a state prosecutor for 25 years and was elected by the General Assembly to three terms as a judge in the Courts of the Twentieth Judicial District of Virginia (2007-2020) before retiring from the bench in 2021. Mr. Ashwell is admitted to practice in Virginia, and before the U.S. District Court, Eastern District of Virginia; U.S. Court of Appeals, 4th Circuit; U.S. Bankruptcy Court, Eastern District of Virginia; and the Supreme Court of the United States of America.

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Speaker bio
Roy R Shannon

Roy R. Shannon

Shannon & Wright, LLP
Roy Shannon

is a partner in the law firm of Shannon & Wright, LLP. His primary areas of practice include real estate transactions and litigation, and land use, as well as business transactions and litigation. Mr. Shannon represents litigation clients in mediations and arbitrations, as well as in state and federal courts. He represents his land use clients before boards of zoning appeals, planning commissions and boards of supervisors/city councils throughout northern Virginia, including Arlington County, Fairfax County, city of Alexandria and the town of Vienna. Mr. Shannon is a member of the Alexandria and Federal bar associations, Virginia State Bar, District of Columbia Bar Association, and the Attorney’s Roundtable for the Northern Virginia Association of Realtors. He has been a member of the Alexandria Community Services Board since 2009, and is currently serving as its chair. Mr. Shannon earned his undergraduate degree in finance from Catholic University and his J.D. degree from George Mason University School of Law.

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Speaker bio
Seth B Royster

Seth B. Royster

Shannon & Wright, LLP
Seth Royster

is with Shannon & Wright, LLP, where he represents clients in estate planning and administration, business law, real estate matters, and civil and commercial litigation. He serves as a trusted advisor to individuals and fiduciaries on guardianship and conservatorship issues and regularly represents clients in real estate disputes, elder law matters, and commercial litigation in courts throughout Virginia. With several years of legal experience, Mr. Royster provides practical guidance to clients navigating complex legal and financial issues and is actively involved in the legal community through bar association leadership and educational presentations. Mr. Royster is admitted to practice law in Virginia and North Carolina. He earned his Juris Doctor from the Norman Adrian Wiggins School of Law at Campbell University.

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Speaker bio
Heather L Sunderman

Heather L. Sunderman

McMillan Metro and Faerber, P.C.
Heather Sunderman

is a partner at McMillan Metro and Faerber, P.C., where she focuses on the areas of wills, trusts, estate planning, probate, guardianships and family law. In addition, she is trained as a mediator and collaborative law practitioner. Ms. Sunderman has been appointed by courts to represent disabled persons in guardianship matters, and children in contested custody matters. She has litigated cases in many different areas of the law including divorce, guardianships, domestic violence and civil disputes. Ms. Sunderman earned her bachelor's degree from Allegheny College and her J.D. degree from Washington College of Law (American University). She is a member of the Maryland State Bar Association and the Bar Association of Montgomery County, Maryland. She is admitted to practice law in Maryland, Virginia and the District of Columbia.

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