GA Specific

Trusts, Estates & Probate

Live Online

Georgia Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Alabama CLE Approved 6.7 Total
Georgia CLE Approved 6.5 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours 40 minutes
Cherish De La Cruz
Shannan Collier Stalvey
Leah Morrison
Cameron Saunders
With Cherish De La Cruz from Pierson Ferdinand + 3 others

Thu, Oct 22, 00:00 AM – 00:00 PM

Product ID 102337

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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. Handling Claims Against the Estate
  5. Tax Reporting and Post-Mortem Tax Matters
  6. Probate Property vs. Non-Probate Assets
  7. Sale of Property and Distributions
  8. Final Accounting and Closing the Estate
  9. Ethics
  10. Probate Disputes and Litigation

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Related Topics

Product ID 102337

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Alabama CLE Approved 6.7 Total
Georgia 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. 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

  5. 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

  6. Probate Property vs. Non-Probate Assets

  7. 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

  8. 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

  9. 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

  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

Cherish De La Cruz
Cherish
De La Cruz
Pierson Ferdinand
Shannan Collier Stalvey
Shannan
Collier Stalvey
The Law Office of Shannan S. Collier, P.C.
Leah A Morrison
Leah A.
Morrison
English, Lucas, Priest & Owsley, LLP
Cameron H Saunders
Cameron H.
Saunders
Page, Scrantom, Sprouse, Tucker & Ford, P.C.
Speaker bio
Cherish De La Cruz

Cherish De La Cruz

Pierson Ferdinand
Cherish De La Cruz

is a partner with Pierson Ferdinand in the firms estate planning and probate department. She designed her practice to include both estate planning, probate and small business law because she understands how much overlap there is in these areas, especially for first- and second-generation American families. Ms. De La Cruz was initially inspired to pursue estate planning in 2013 after losing her aunt to appendix cancer. While taking care of her aunt's affairs, she realized first-hand the stress and hardship that is created when a loved one passes away and they do not have a comprehensive and customized plan. It is even more complicated when they are a small business owner. Today, this personal perspective and her extensive background in investments and life insurance, guides her firm's estate planning process. Leadership in the community is also a key value of hers. That is why Ms. De La Cruz is actively involved in several non-profit organizations; recently graduating from the Catholic Charities Atlanta Leadership Class, serving as past president of the Georgia Asian Pacific American Bar Association, founding board member of the Exit Planning Exchange Atlanta (2019-2020), Leadership Gwinnett Class of 2019, chair of Elder Law Section of the Atlanta Bar Association (2019-2020), and Mosaic Georgia. She dedicates her time to serving and educating small businesses, families, and the larger community about the estate and business planning process so that her wonderful clients can truly take charge of their life and legacy, knowing that they have done everything in their power to protect their loved ones.

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Speaker bio
Shannan Collier Stalvey

Shannan Collier Stalvey

The Law Office of Shannan S. Collier, P.C.
Shannan Collier Stalvey

is a principal at The Law Office of Shannan S. Collier, P.C. in Atlanta, where her practice is primarily in the areas of tax and estate planning, and business and franchise law. Ms. Stalvey is a member of The Florida Bar and the State Bar of Georgia, and maintains clientele in both states. She is also a tax section member. Ms. Stalvey earned her B.B.A. degree from the University of North Florida in Jacksonville. She attended Cumberland School of Law, where she simultaneously earned her J.D. and M.B.A. degrees; and Emory University School of Law, where she earned her Master of Laws in taxation.

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Speaker bio
Leah A Morrison

Leah A. Morrison

English, Lucas, Priest & Owsley, LLP
Leah Morrison

is an attorney with English, Lucas, Priest & Owsley, LLP, in Bowling Green, Kentucky. She concentrates her practice in designing estate, asset protection, and business succession plans in a tax advantageous manner. Ms. Morrison is a member of the American, Kentucky, Louisville, and Bowling Green-Warren County bar associations. She earned her J.D. degree, magna cum laude, from the University of Louisville Brandeis School of Law; her LL.M. degree in taxation, magna cum laude, from the University of Alabama; and her B.A. degree in criminal justice from George Washington University.

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Speaker bio
Cameron H Saunders

Cameron H. Saunders

Page, Scrantom, Sprouse, Tucker & Ford, P.C.
Cameron Saunders

is an attorney at Page, Scrantom, Sprouse, Tucker & Ford, P.C. He is licensed in Alabama and Georgia to practice law, and focuses his practice in estate and trust planning and administration, probate matters, and nonprofit/tax exempt organizations. Mr. Saunders assists individuals and families preserve and transfer wealth to their loved ones and charitable organizations by crafting and implementing a variety of estate planning techniques, including the routine preparation of wills, powers of attorney, advance health care directives, and revocable and irrevocable trusts. He also assists individual and corporate administrators, executors, and trustees with estate, probate, and trust administrations. Such strategies focus on advising individuals and families with regards to estate planning, income, estate, gift, and generation-skipping tax issues, and tax savings and minimizing strategies. Mr. Saunders has helped blended families, non-married couples, and others configure optimum estate planning options. He advises family businesses about succession planning and other entrepreneurs in entity formation matters. Mr. Sanders' practice also involves representing beneficiaries of estates and trusts. He frequently supports a family's team of accountants, financial planners, insurance agents, and other financial advisors in the preparation of estate plans, and filing of gift tax returns, estate tax returns, and fiduciary income tax returns. He also routinely receives guardian ad litem appointments from local courts. Mr. Saunders often works closely with nonprofit and tax-exempt organizations, from counseling donors in achieving charitable planning and giving goals to helping numerous entities and organizations of all sizes and budgets obtain and maintain federal tax exemption as well as routinely guiding these nonprofit and other tax-exempt organizations with incorporating or designing effective policies. He earned his B.B.A. degree from University of Georgia and his J.D. degree, cum laude, from Mercer University, Walter F. George School of Law.

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