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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
- Handling Claims Against the Estate
- Probate Disputes and Litigation
- Probate Property vs. Non-Probate Assets
- Tax Reporting and Post-Mortem Tax Matters
- Sale of Property and Distributions
- Inventory and Appraisement
- Ethics
- Final Accounting and Closing the Estate
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Financial Planners |
|
8 Total |
| Washington CLE |
|
6.75 Total |
| Washington CPE for Accountants |
|
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
-
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
-
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
-
Probate Property vs. Non-Probate Assets
-
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
-
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
-
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
-
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
- Tax Professionals
- Trust Officers
Speakers
Speaker bio
David B. Shotwell
earned his J.D. degree from Gonzaga University School of Law. Since 2005, he has owned and his operated his own practice in the areas of elder law, probate, wills/estates and trusts, guardianships, medicaid and long-Term care planning, and all forms of litigation arising out of those practices. Mr. Shotwell is a frequent lecturer at continuing legal education courses for attorneys, accountants and paralegals. In addition to operating his practice, he is the program director of the paralegal program and a full time paralegal Instructor at Spokane Community College in Spokane, Washington. Mr. Shotwell has published a book on estate administration, principles of wills, trusts and estate administration. (Innovative Ink Publishing. 2023. Print ISBN: 979-8-7657-8603-1. eBook ISBN: 979-8-7657-8604-8.)
Speaker bio
Julie Pendleton
is an attorney at Lasher Holzapfel Sperry & Ebdberson, PLLC. She is a principal at the firm, is an accomplished attorney who excels at resolving complex legal disputes in the areas of trusts, estates, and closely held businesses. Julie has successfully represented clients in negotiation, mediation, arbitration, trial, and post-judgment collection efforts and appeals. She has honed her skills to navigate the intricate web of trust and estate matters and closely-held business disputes, offering invaluable insights into the intricacies of family dynamics, wealth preservation, and corporate intricacies. Clients benefit from her deep understanding of the unique challenges that arise in these specialized areas of law. She earned her B.A degree from The University of Chicago and her J.D degree cum laude from Seattle University School of Law.
Speaker bio
Sherry Bosse Lueders
is an associate in the Estate Planning and Probate group. Her law practice focuses on working with families and businesses to help them successfully navigate transitions. Ms. Lueders strives to demystify estate planning for her clients to help them make informed decisions in selecting fiduciaries and planning for their families' futures. She also advises clients in matters involving estate administration, probate, and trust administration. After graduating from Lewis & Clark Law School in Portland, Oregon, Ms. Lueders worked as a law clerk/bailiff for King County Superior Court Judge Catherine Shaffer. While she has practiced in the areas of estate planning, probate, and business law for more than a decade, her background also includes representing women farmers in relation to claims against the U.S. Department of Agriculture, researching federal fishery management regulations, and serving as a student law clerk at the U.S. Environmental Protection Agency. Before attending law school, Ms. Lueders worked as web production manager for the environmental news website, Grist.org. She enjoys sharing her experience as a practicing attorney and has presented at continuing legal education seminars for attorneys on topics that include legal ethics, client communications, probate, and estate planning. Ms. Lueders previously served as a board member of the Mother Attorneys Mentoring Association of Seattle, is a past chair of the King County Bar Association Solo and Small Practice Section, and is a past member of the Washington State Bar Association's Real Property, Probate & Trust Section's Executive Committee, where she served as the section's web editor.
Speaker bio
Diane J. Kiepe
is an attorney at Kiepe Estate and Probate, PLLC. She practices in the areas of wills, trusts, wealth transfer (including charitable gifting), probate and tax. Ms. Kiepe earned her undergraduate degree and J.D. degree from Memphis State University, and her LL.M. degree in taxation from the University of Miami. She is a long-time member of the Spokane Estate Planning Council and a member to the Spokane Chapter of Financial Planning Association. Ms. Kiepe is a member of the newly created Elder, Disability, Estate Planning Section of the Spokane County Bar Association.
Speaker bio
Zachary C. Ashby
is a partner at Pacific Northwest Family Law where he focuses his practice on family law. He received his bachelor's degree from Brigham Young University and a doctorate in Iberian and Latin American Cultures from Stanford University. Mr. Ashby then received his J.D. from J. Reuben Clerk Law School at Brigham Young University. He is admitted to practice law in Washington.
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