Trusts, Estates & Probate

WI Specific

Live Online

Wisconsin Probate Process from Start to Finish

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Wisconsin CLE Approved 8 Total
Wisconsin CPE for Accountants Approved 8 Total
CPE for Accountants/NASBA Approved 8 Total
Live Online
6 hours 40 minutes
Sarah Barnes
Gretchen Burgess
Stella Furlano
Steven Sorenson
Reilly Kulas
With Sarah J. Barnes from Voya Financial + 4 others

Mon, Nov 09, 00:00 AM – 00:00 PM

Product ID 102453

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

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Related Topics

Product ID 102453

Credit Details

Credits Available
Credit Status Total
Financial Planners Approved 8 Total
Wisconsin CLE Approved 8 Total
Wisconsin CPE for Accountants Approved 8 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. Probate Property vs. Non-Probate Assets

  3. 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

  4. 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

  5. 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

  6. 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

  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. 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

  9. 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

  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

Sarah J Barnes
Sarah J.
Barnes
Voya Financial
Gretchen J Burgess
Gretchen J.
Burgess
Murphy Desmond, S.C.
Stella J Furlano
Stella J.
Furlano
Reinhart Boerner Van Deuren s.c.
Steven R Sorenson
Steven R.
Sorenson
von Briesen & Roper, s.c.
Reilly C Kulas
Reilly C.
Kulas
von Briesen & Roper, s.c.
Speaker bio
Sarah J Barnes

Sarah J. Barnes

Voya Financial
Sarah Barnes

is an attorney and legal counsel with Voya Financial, where she handles all levels of trust and estate administration matters. She was previously in private practice for many years, where she practiced in the areas of estate planning and elder law. Ms. Barnes earned her B.A. degree from Edgewood College and her J.D. degree from Marquette University Law School. Her professional memberships include the State Bar of Wisconsin, Dane County Bar Association, Legal Association of Women, and the Madison Estate Planning Council. Ms. Barnes serves on a number of non-profit boards, is a frequent speaker at various continuing legal education seminars, and has served as adjunct faculty at the University of Wisconsin-Madison and Marquette University Law School. She is admitted to practice in the state of Wisconsin.

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Speaker bio
Gretchen J Burgess

Gretchen J. Burgess

Murphy Desmond, S.C.
Gretchen Burgess

is an attorney shareholder at Murphy Desmond, S.C., where she is dedicated to helping individuals and families navigate the complexities of estate planning, including the preparation of revocable and irrevocable trusts, wills, powers of attorney for healthcare and finance, special and supplemental needs trusts, and marital property agreements. Ms. Burgess also handles the establishment and termination of adult guardianships, as well as the preparation of Wispact trusts and Medicaid planning. She assists clients in all aspects of the estate administration process, including formal and informal estate administration, special administration, and trust administration. Ms. Burgess earned her B.A. degree from Macalester College in Japan studies and her J.D. degree from Hamline University School of Law with an international law concentration. She is a member of the State Bar of Wisconsin, Dane County Bar Association, and Madison Estate Council, and is on the Board of Directors for Blackhawk Technical College Foundation. Ms. Burgess is also an admissions representative at Macalester College. She is admitted to practice law in Wisconsin and Minnesota, and licensure in Illinois is pending.

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Speaker bio
Stella J Furlano

Stella J. Furlano

Reinhart Boerner Van Deuren s.c.
Stella Furlano

is an attorney at Reinhart Boerner Van Deuren s.c. She is an attorney in Reinhart's trusts and estates practice, where she provides dedicated counsel to clients facing intricate estate planning and family law issues - with a special focus as a member of the firm's trust, estate and fiduciary litigation team. With keen attention to detail and a commitment to finding efficient solutions, Ms. Furlano navigates legal complexities with care and precision. Her practice is grounded in a solid foundation of estate planning, family law and business law. Ms. Furlano has experience handling a wide range of matters, including drafting and implementing comprehensive estate plans, negotiating and drafting marital property agreements and non-judicial settlement agreements and representing clients in juvenile and adult guardianship matters. She has also represented clients in divorces, legal custody and physical placement disputes. Ms. Furlano earned her B.A degree from University of Wisconsin-Madison and her J.D degree from University of Wisconsin Law School.

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Speaker bio
Steven R Sorenson

Steven R. Sorenson

von Briesen & Roper, s.c.
Steven Sorenson

is a shareholder with the law firm of von Briesen & Roper, s.c. He is a member of the American Bar Association Law Foundation, chairs the District Three Wisconsin Office of Lawyer Regulation Committee, and serves on the Ethics Committee of the American Bar Association's Legal Education Committee. Mr. Sorenson formerly served as secretary and president of the State Bar of Wisconsin. He is a former member of the House of Delegates of the American Bar Association, former president of both the National Conference of Bar Presidents and the Wisconsin Law Foundation Fellows, and a current member of the foundation's Board of Trustees. Mr. Sorenson presents lectures throughout the state of Wisconsin on various topics, ranging from real estate law to professional ethics. He earned his undergraduate degree from Luther College and his J.D. degree from Marquette University Law School. During that time, he also attended American University in Washington, D.C. to study national public policy.

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Speaker bio
Reilly C Kulas

Reilly C. Kulas

von Briesen & Roper, s.c.
Reilly Kulas

is an attorney at von Briesen & Roper, s.c. She is a member of the firm's Trust & Estate Section. Ms. Kulas focuses her practice on working with clients to accomplish their estate planning goals and advising fiduciaries in trust and probate administrations. This work includes estate plan drafting, asset and beneficiary reviews, special needs planning, Medicaid planning and tax planning. In the elder and special needs law space, Ms. Kulas assists clients in adult guardianship proceedings. During law school, she volunteered at the Restraining Order and Survivor Advocacy (ROSA) legal clinic where she assisted survivors of domestic violence in pursuing restraining orders. Ms. Kulas served as vice president of membership for Mock Trial, and was a member of Public Interest Law Student Association and Women's Law Student Association. She earned her B.A. degree, magna cum laude, from St. Norbert College and her J.D. degree from University of Wisconsin.

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