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Overview
A Step-by-Step Guide to Handling Probate
This practical guide is designed to provide you with detailed knowledge of probate processes and best practices for handling the various issues that may arise. Let our seasoned probate attorneys teach you how to navigate those crucial first steps; handle the personal representative; gather, value and distribute all assets; and successfully complete the final accounting. You will also learn how to anticipate tax pitfalls and handle special issues that may arise. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!
- Start the case off on the right foot by confidently navigating critical first steps.
- Advise personal representatives by examining all powers, duties, responsibilities, and compensation guidelines.
- Gather, value and maintain all assets - and learn when and how to employ a financial expert.
- Pick up tips for validating, prioritizing, and satisfying creditor claims.
- Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
- Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.
- Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.
Abbreviated Agenda
- First Steps
- Handling Creditor Claims Step-by-Step
- How to Determine Elective Share, Portability and Homestead Allowance
- Planning Post-Mortem, Trust Administration, and Tax Issues
- Valuing Decedent's Assets
- Educating the Personal Representative
- Wrapping Up - Closing the Estate
- Ethics
- Probate Litigation Process
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Arizona CPE for Accountants |
|
7 Total |
| New York CPE for Accountants |
|
7 Total |
| Washington CPE for Accountants |
|
7 Total |
| Wisconsin CPE for Accountants |
|
7.2 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
7 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Other
Agenda
-
First Steps
- The First 48 Hours
- Locating the Will and Beneficiaries
- Choosing the Best Form of Administration
- The Estate Timeline - What Must be Done
- Probate Court Filing Procedures and Forms
- Initial Notices to Creditors, Beneficiaries and State Agencies
- Laws of Intestacy
-
Handling Creditor Claims Step-by-Step
- Validating Claims
- Priority of Creditor Rights
- Selling Property to Satisfy Claims
- Tax Claims and Liens
-
How to Determine Elective Share, Portability and Homestead Allowance
- Portability Rules, Claiming Unused Exemption
- Homestead Allowance
- How to Determine the Elective Share Estate
- Elective Share Rights and Procedure
-
Planning Post-Mortem, Trust Administration, and Tax Issues
- Trust Administration
- Post-Mortem Tax Planning
- Problems With Elections and Non-Probate Assets (IRA Distributions and Their Tax Consequences)
- The Shares of Minors in an Estate
- How to Calculate the Omitted Spouse Share or Omitted Child Share
- Shares of Disabled Adults and Means-Tested Government Benefits
- Finding Real Estate, Bank Accounts, Life Insurance, Intangibles, Etc.
-
Valuing Decedent's Assets
-
Educating the Personal Representative
- Duties, Powers, and Responsibilities Step-by-Step
- Personal Representative Guide/Instructions
- Compensation Guidelines
-
Wrapping Up - Closing the Estate
- Formal Closing
- Informal Closing by Statement of Personal Representative
- Final Distributions to Beneficiaries and Liability of Distributees
- Tax Returns - Estate and Income, State and Federal
- Final Accounting and Discharge of Fiduciary
- Inconsistencies Between Inventory and Final Accounting
-
Ethics
- Whom do You Represent? Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Practicing Law in More Than One State
-
Probate Litigation Process
- The Ability of the Estate to Sue or be Sued
- Causes of Action
- Procedural Rules and Evidentiary Provisions
- Lost and Contested Wills
- Deed Contests
- Fiduciary Misconduct, Liability, Disputes with Beneficiaries
Who Should Attend
This program is designed for attorneys. Accountants, trust administrators, estate planners, and paralegals may also benefit.
Speakers
Speaker bio
Peter A. Moustakis
is founder and managing member of Sowerby & Moustakis Law, PLLC. He practices in the areas of elder law, estate planning, wills, trusts, Medicaid issues, small business law, LLC formation, and all matters related to firearms in trust administration. Mr. Moustakis served as an adjunct professor at Merrimack College. He has contributed to two family law publications, and written a book called Estate Planning and the Modern Family: Old School Meets New School. Mr. Moustakis is a member of the New Hampshire Bar Association and is President of the New Hampshire Chapter of NAELA (National Academy of Elder Law Attorneys). He is admitted to practice in New Hampshire and Massachusetts. Mr. Moustakis earned his bachelor's degree from the University of Massachusetts, Boston and his J.D. degree from New England Law, Boston.
Speaker bio
Louis A. Silverman
is an attorney at Tempe Estate Law, where he practices in the areas of estate planning, estate administration, probate law, estate tax issues and related matters. Mr. Silverman is board-certified in estate and trust law by the State Bar of Arizona. His practice emphasizes estate planning, which includes wills and trusts and other estate planning devices; and trust administration and probate, which includes death probate, guardianship, and conservatorship. Mr. Silverman has served as Judge Pro Tem on the Maricopa County Superior Court. He is a member of WealthCounsel, and is a past member of the Elder Law, Mental Health and Special Needs Planning Section of the State Bar of Arizona. Mr. Silverman is a board member emeritus of the Sonoran University of Health Sciences, past president of the Board of Directors of Tempe Leadership and past president of Tempe Community Action Agency. He earned his B.S. degree in business from Arizona State University and his J.D. degree from South Texas College of Law in Houston. Mr. Silverman is admitted to practice in the state courts of Arizona and Texas, U.S. District Court for Arizona and Western District of Texas.
Speaker bio
Sam Thomas, III
is an attorney with Sam Thomas III Esquire & Associates. He has practiced for 28 years in the areas of probate, foreclosure prevention, tax resolution, and debt relief. Currently, Mr. Thomas's practice focuses on estate planning. He earned his B.A. degree from Cleveland State University, his M.S. degree from Indiana University and his J.D. degree from Cleveland Marshall College of Law.
Speaker bio
Evelina M. Ruszkowski
is an attorney at The Prue Law Group, P.C., where she concentrates her practice in the various issues that arise in the settlement of estates and matters in probate court, as well as working with those who have suffered any type of personal injury. She is a graduate of the University of New Hampshire School of Law and holds two Bachelor of Science degrees in electrical and biomedical engineering and a minor in business from the University of Rhode Island. Ms. Ruszkowski is a member of the Connecticut Bar Association, Massachusetts Bar Association, Boston Bar Association and Women's Bar Association of Massachusetts. She is licensed to practice law in Connecticut and in the Commonwealth of Massachusetts.
Speaker bio
Stephanie P. Graham
worked her way through college while working in a bank, where she observed multiple elderly women lose their funds by appointing the wrong person as power of attorney. After graduating college and succeeding as far as possible in the bank, Ms. Graham attended law school and passed the bar immediately in New Jersey (1997) and New York (1998). Later she established her first probate estate in New York, when a dear friend traveled to North Carolina to visit her family and died of a sickle cell episode in a North Carolina hospital who said the friend was going to die young anyway. Ms. Graham associated with a North Carolina medical malpractice firm that fought for a $500,000 judgment for her friend's family and their eight year old daughter. She has been licensed to practice in New York and New Jersey for over 25 years, and Georgia since 2004 before relocating to Atlanta in 2005. After more than 20 years litigating in both the private and public sector and losing her maternal grandmother after a brief illness, Graham Estate Planning was born. Ms. Graham is a board member with the North Fulton Bar Association, Atlanta Bar Association LRIS Board of Trustees and ProWin Atlanta. She is a member of Leadership Sandy Springs, Class of 2016 and Georgia's National Speaker Association among several other associations. Ms. Graham has been recognized in the Top 100 National Black Lawyers three years in a row, and her firm was recognized as Best of Georgia Probate Firm in 2022 and 2023, and Top 10 Best of Sandy Springs Probate Firms in 2023. She was appointed county administrator for Fulton County Probate Court from 2021 through March 2024, when she resigned to take on more speaking engagements and to scale her practice to better serve her clients.
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