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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, 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
- Law of Intestate Succession
- Inventory and Appraisement
- Probate Property vs. Non-Probate Assets
- Handling Claims Against the Estate
- Ethics
- Final Accounting and Closing the Estate
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Financial Planners |
|
8 Total |
| Illinois CLE |
|
6.5 Total |
| Missouri CLE |
|
8 Total |
| CPE for Accountants/NASBA |
|
8 Total |
Select Jurisdiction
CLE
Other
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?
-
Law of Intestate Succession
- Who Can Inherit - Degrees of Kinship and Order of Inheritance
- Determining the Share Size
- Exceptions and Bars to Inheritance
-
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
-
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
- Trust Officers
Speakers
Speaker bio
Allen G. Rose
is principal of The Law Offices of Allen G. Rose, PC, where his practice is limited to probate and real estate matters. He is a member of The Missouri Bar and the Springfield Metropolitan Bar Association. Mr. Rose earned his B.A. degree from Southwest Missouri State University and his J.D. degree from the University of Missouri School of Law in Columbia.
Speaker bio
James M. Owen
is an attorney and executive director at Renew Missouri, located in Columbia, Missouri, guiding and managing a group committed to renewable energy and energy efficiency. He also manages a boutique law firm on the side, The Owen Law Firm, primarily focusing on estate planning and probate issues, and serving as an associate municipal judge for the City of Columbia. Mr. Owen earned his B.A. degree from Drury University and his J.D. degree from the University of Kansas School of Law. He is admitted to practice law in Missouri and Kansas.
Speaker bio
Catherine Moore
is of counsel at Kembell Woods & Martinsen, LLP. She focuses her practice on estate planning, trust and probate administration, business succession planning, and mediation. Ms. Moore earned her J.D. degree from the University of Missouri at Kansas City, a LL.M. in alternative dispute resolution from the University of Missouri – Columbia and LL.M. in taxation from the University of Missouri at Kansas City. Ms. Moore currently serves as the chair of the Missouri ADR Committee and is a board member of the Ozarks Technical Community College Board of Trustees. She is a past chairman and board member of the Springfield Branson National Airport, the Springfield Greene County Library and the Junior League of Springfield. She has also served on many community boards including Isabel's House Crisis Nursery of the Ozarks, Child Advocacy Center and the Springfield Ballet. Ms. Moore is a private pilot holding single engine, multi engine and instrument ratings. She is admitted to practice law in Kansas, Missouri and Arkansas.
Speaker bio
George C. Hupp, III
is of counsel at Burton, Fuller & Associates, P.C. He earned his bachelor's degree from Iowa State University and his J.D. degree from Drake University. Mr. Hupp is admitted to practice law in Illinois.
Speaker bio
Richard M. Colombik
is a principal in the law firm of Richard M. Colombik & Associates, P.C. His practice includes income taxation, IRS representation, estate plans and business planning. Mr. Colombik also is a licensed certified public accountant. He is a frequent lecturer and has written numerous articles on estate and income taxes, published a chapter in the Illinois Institute of Continuing Legal Education's Estate Planning Short Course and has appeared in the Chicago Sun Times and the Chicago Tribune as a financial expert. Mr. Colombik was recently quoted in the New York Times and Wall Street Journal regarding a recent case against the IRS in federal court. He earned his B.S. degree from the University of Colorado and his J.D. degree, cum laude, from the John Marshall Law School. Mr. Colombik is the former chairman of the Northwest Suburban Bar Association's Estate, Probate and Taxation Committee, and the former chairman of the Illinois State Bar Association's Section Council on Taxation. He is currently on the liaison committee to the Washington, D.C. office of the Internal Revenue Service, and is a member of the Asset Protection Committee, the American Bar Association, and the Offshore Institute.
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