FL Specific

Trusts, Estates & Probate

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Florida Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Florida CLE Approved 8 Total
Florida Registered Paralegal Approved 8 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours 40 minutes
Andrés Hernández Lossada
Edwin Cisneros
Taso Milonas
Kevin Knight
Matthew Pineda
Blakely Moore
With Andrés J. Hernández Lossada from Saltiel Law Group + 5 others

Tue, Sep 29, 00:00 AM – 00:00 PM

Product ID 102126

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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. Final Accounting and Closing the Estate
  8. Ethics
  9. Probate Disputes and Litigation

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Related Topics

Product ID 102126

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Florida CLE Approved 8 Total
Florida Registered Paralegal Approved 8 Total
CPE for Accountants/NASBA Approved 8 Total
Select Jurisdiction
CLE
Paralegal
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. 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

  8. 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

  9. 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

Andrés J Hernández Lossada
Andrés J.
Hernández Lossada
Saltiel Law Group
Edwin C Cisneros
Edwin C.
Cisneros
Dunwody White & Landon, P.A.
Taso M Milonas
Taso M.
Milonas
Taso M. Milonas, P.A.
Kevin T Knight
Kevin T.
Knight
DSK Law
Matthew D Pineda
Matthew D.
Pineda
Pineda Law PLLC
Blakely S Moore
Blakely S.
Moore
PTM Trust and Estate Law
Speaker bio
Andrés J Hernández Lossada

Andrés J. Hernández Lossada

Saltiel Law Group
Andrés Hernández Lossada

is lead counsel at Saltiel Law Group, where his practice includes corporate law, international tax and estate planning for domestic and foreign high net worth individuals, and assisting with fully compliant structures, both domestically and abroad, as well as providing succession planning solutions considering tax challenges of global wealth. He has experience advising high net worth individuals and their families on cross-border wealth, investments, and estate planning concerns with particular focus on issues arising from civil law and common law application. Mr. Hernandez also has significant experience advising individuals and fiduciaries in estate, trust, and probate administration, and representing clients on tax controversy matters before the IRS, including streamlined filing compliance procedures. He earned his Abogado LL.B. equivalent from Universidad Católica Andrés Bello, Caracas, Venezuela; his LL.M. degree and Certificate in business administration from Northwestern University School of Law and Kellogg School of Management; his LL.M. degree in taxation from Northwestern University School of Law, Chicago, Illinois; and his J.D. degree from Emory University School of Law, Atlanta, Georgia. Mr. Hernandez is a member of The Florida Bar (member, Tax Law Section), American Bar Association and the Society of Trust and Estate Practitioners (STEP).

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Speaker bio
Edwin C Cisneros

Edwin C. Cisneros

Dunwody White & Landon, P.A.
Edwin Cisneros

is a senior attorney in the Coral Gables office of Dunwody White & Landon, P.A., where he focuses his practice on estate planning and estate and trust administration with an emphasis on estate, gift, and generation-skipping transfer tax planning. He also advises international high net worth individuals on pre-immigration tax planning, domestic and international reporting obligations, asset protection, and succession planning, bringing a comprehensive approach to complex cross-border and tax-sensitive matters. He earned his Master of Laws in Taxation from Georgetown University Law Center and his Juris Doctor, magna cum laude, from the University of Miami School of Law.

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Speaker bio
Taso M Milonas

Taso M. Milonas

Taso M. Milonas, P.A.
Taso Milonas

is admitted to practice before all courts in Florida and the U.S. Tax Court. He earned his LL.M. degree in taxation from the University of Florida Frederic G. Levin College of Law and his J.D. degree from Stetson University College of Law. Mr. Milonas has been qualified and testified as a subject-matter expert in state and federal courts in a number of areas, including estate planning, undue influence, breach of fiduciary duty, fiduciary accounting, Florida Probate Code, Florida Trust Code, Florida Uniform Principal and Income Act, federal income, gift and estate tax, and legal ethics. A significant portion of his practice is devoted to will and trust disputes in complex litigation throughout Florida, representing both fiduciaries and beneficiaries. Mr. Milonas is a Florida Bar board-certified tax lawyer, and was recently appointed by the president of The Florida Bar to serve as a member of the Tax Law Certification Committee. Currently, less than 5% of all attorneys admitted to practice in Florida are board-certified. He serves individual clients and their advisors on a wide-range of legal matters in a variety of capacities, including lead counsel, co-counsel, special counsel and subject-matter expert. Mr. Milonas currently serves on the Executive Council of The Florida Bar Tax Section; and has served in various leadership roles, including director of its Federal Tax Division, chair of the Estate & Gift Tax Committee and editor of Tax Section articles for the Florida Bar Journal. He has published numerous articles, and is a frequent lecturer before professional groups on tax, estate planning and probate litigation.

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Speaker bio
Kevin T Knight

Kevin T. Knight

DSK Law
Kevin Knight

is a partner in the law offices of DSK Law. He is board-certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, Mr. Knight has generally focused on personal injury litigation. He earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.

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Speaker bio
Matthew D Pineda

Matthew D. Pineda

Pineda Law PLLC
Matthew Pineda

is an attorney with Pineda Law PLLC. He practices in the areas of probate and estates and entrepreneurship. Mr. Pineda is licensed to practice in the state courts of Florida and North Carolina; United States Tax Court; Federal District courts of the Middle, Northern and Southern districts of Florida; Federal District Court of the Eastern and Middle districst of North Carolina; and the Cherokee Supreme Court. He earned his B.A. degree from the University of Miami; his J.D. degree from Nova Southeastern University, Shepard Broad College of Law; his LL.M. degree in taxation Law from the University of Miami School of Law; and his LL.M. degree in law and entrepreneurship from Duke University School of Law.

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Speaker bio
Blakely S Moore

Blakely S. Moore

PTM Trust and Estate Law
Blakely Moore

is an estate planning attorney and a managing partner at PTM Trust and Estate Law. He focuses his practice on helping people protect their loved ones and themselves with creative estate plans and helping fiduciaries administer trusts or probate estates. Mr. Moore earned his J.D. degree, cum laude, from the University of Florida Levin College of Law. He is admitted to practice law in Florida.

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