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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
- Law of Intestate Succession
- Probate Property vs. Non-Probate Assets
- Inventory and Appraisement
- Handling Claims Against the Estate
- Tax Reporting and Post-Mortem Tax Matters
- Ethics
- Sale of Property and Distributions
- Final Accounting and Closing the Estate
- Probate Disputes and Litigation
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Financial Planners |
|
8 Total |
| New Jersey CLE |
|
8 Total |
| New York CLE |
|
8 Total |
| Pennsylvania CLE |
|
6.5 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
-
Probate Property vs. Non-Probate Assets
-
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
-
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
-
Sale of Property and Distributions
- Disposition of Real Estate - Title Issues in Probate
- Retirement Plans and IRA Distributions
- Life Insurance and Other Beneficiary Designations and Accounts
- Preliminary and Final Distributions
- Calculating Augmented Estate and Spousal Elective Share
- Dealing with the Surviving Family Members and Other Beneficiaries
- Solving the Problem of Liquidity
- Distributions to Trusts
-
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
-
Probate Disputes and Litigation
- Beneficiary Liability
- Fiduciary Liability
- Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
- Revoked, Multiple, Contested Wills
- Common Will Construction Problems
- 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
Speaker bio
Ricardo Aponte-Parsi
is a real estate and corporate counsel with a 22+ year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. He is a trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Mr. Aponte-Parsi is a team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He earned his bachelor's degree from Syracuse University, with a major in international relations, and his J.D. degree from the Interamerican University of Puerto Rico School of Law. In May 2014, Mr. Aponte-Parsi completed his Master of Laws degree from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. degree at Georgetown University Law School in securities and financial regulation. In 2022, Mr. Aponte-Parsi completed a certification in privacy law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, Mr. Aponte-Parsi has worked as an associate general counsel at the Office of the General Counsel of the Air Force (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas. SAF/GCN provides legal and policy advice to members of the Secretariat, air staff, and space staff on virtually all matters relating to the department's 180 installations, nearly 10 million acres of real estate, base realignment, and closure; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health.
Speaker bio
Thomas D. Begley, III
is the president of Thomas D. Begley III, LLC, where he concentrates his practice in the areas of estate and tax planning, estate administration, small business representation, elder law, and probate litigation. Mr. Begley is a certified elder law attorney (CELA) as accredited by the National Elder Law Foundation. He is an accomplished author and lecturer. Mr. Begley is a member of the New Jersey State Bar Association (former director of the Elder Law Section) and the Burlington County Bar Association (former chair of the Estate Planning and Probate Committee). He is admitted to practice in New Jersey and Pennsylvania. Mr. Begley earned his B.A. degree from Georgetown University College of Arts and Sciences and his J.D. degree from Georgetown University Law Center.
Speaker bio
Daniel J. Jurkovic
is a solo practitioner located in Rutherford, New Jersey, whose practice is concentrated in the areas of elder law, guardianship, disability planning and estate planning. He has been granted the title of certified elder law attorney by the National Elder Law Foundation. This certification has been approved by the New Jersey Supreme Court and accredited by the American Bar Association. Recently, Mr. Jurkovic represented the Guardianship Association of New Jersey, Inc. (GANJI) and the National Academy of Elder Law Attorneys-N.J. (NAELA-NJ), as amicus parties before the New Jersey Supreme Court in the matter of Thomas Saccone v. Board of Trustees, Police and Fireman's Retirement System. He previously served as lead attorney on the amicus curiae brief submitted to the New Jersey Supreme Court in the matter of In Re Keri. Mr. Jurkovic earned his B.S.B.A. degree from Thomas Edison State College, his M.S. degree in labor relations from Cornell University and Baruch College and his J.D. degree and a certificate in health law policy from Pace University School of Law.
Speaker bio
Shawna A. Brown
is a partner at Mandelbaum Barrett PC. She is an experienced elder law and special needs attorney who focuses her practice on estate and trust litigation, including contested and uncontested probate, trust and accounting proceedings. Ms. Brown is frequently appointed to serve as court-appointed attorney or temporary guardian for alleged incapacitated persons in guardianship proceedings. She also assists clients with estate planning and estate administration matters. Before joining Mandelbaum Barrett PC, Ms. Brown spent a decade at a New York City law firm, where she advised the Public Administrator of New York County on estate administration matters. This unique experience allows her to skillfully navigate the differences between New York and New Jersey estate laws, especially for clients involved in multi-jurisdictional estate matters. A dedicated educator and advocate, Ms. Brown regularly speaks on estate and guardianship issues to both community groups and legal professionals through the New Jersey Institute for Continuing Legal Education. She also contributes articles on key elder law topics, helping raise awareness and understanding of complex issues that impact aging individuals and their families. Ms. Brown earned her B.A. degree from Rutgers College and her J.D. degree from New York Law School.
Speaker bio
Daniel Del Collo, III
is the owner of The Law Office of Daniel Del Collo III, where he concentrates his practice in the areas of estate planning, estate administration and elder law, including the drafting of wills, trusts and special needs, guardianships, Medicaid planning, powers of attorneys, and advanced medical directives. His elder law clients also call upon him to handle personal injury, real estate and business law matters. Mr. Del Collo also provides counsel to individuals and families with loved ones suffering from varying types and degrees of dementia such as Alzheimer's, Parkinson's, Huntington's and other neurological diseases. He earned his B.A. degree from Haverford College and his J.D. degree from Rutgers School of Law-Camden.
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