MT Specific

Trusts, Estates & Probate

4.27

Montana Probate Process: In 5 Simple Steps

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
OnDemand
5 hours 53 minutes
Cindy Younkin
Patrick Beddow
Steven Skabelund
Sandra Alexander
With Cindy E. Younkin from McLean, Younkin & Willett, PLLC + 3 others
Recorded March 29, 2023
Product ID 96216

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Overview

Learn How to Handle Assets, Taxes, Personal Representatives, and More!

This step-by-step practical instruction offers essential knowledge of probate processes and best practices for handling each unique case effectively. Learn how to tackle crucial first steps; handle the personal executive; gather, value, and distribute all assets; and successfully complete the final accounting and tax returns. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration from start to finish. Register today!

  • Don't overlook anything important: confidently navigate critical first steps.
  • Understand executor powers, duties, responsibilities, and compensation guidelines.
  • Learn how to effectively marshal and inventory all assets.
  • Pick up tips for validating, prioritizing, and satisfying creditor claims.
  • Get practical guidance for post-mortem planning, trust administration, and tax hurdles.
  • Put the decedent's affairs to rest by making distributions, filing the final tax return, and completing the final accounting.

Abbreviated Agenda

  1. Opening the Estate
  2. Preparing the Personal Representatives for the Job
  3. Handling Estate Closing, Final Accounting, and Tax Returns
  4. Maintaining an Ethical Practice
  5. Managing the Estate: Valuations, Spousal Share, and More
  6. Post-Mortem Tax Planning, Distributions, and Trust Administration
Product ID 96216

Credit Details

Credits Available
Credit Status Total
Montana CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Opening the Estate

    1. What to Do in the First 48 Hours
    2. Obtaining the Will and Getting it Admitted
    3. Locating and Notifying the Beneficiaries
    4. Determining if the Estate Qualifies for a Small Estate Administration
    5. The Estate Timeline - What Must be Done When
    6. Filing the Initial Petition With the Probate Court: Forms and Procedures
    7. Sending Initial Notices to the Public and to State Agencies
    8. Closing the Decedent's Accounts
    9. Obtaining the Estate Tax ID
    10. Laws of Intestacy
  2. Preparing the Personal Representatives for the Job

    1. Educating PRs on Their Duties, Powers, and Responsibilities
    2. Compiling Personal Representative Guide/Instructions
    3. Clarifying Executor Compensation
    4. Advising PRs on Potential Problems and Liability
  3. Handling Estate Closing, Final Accounting, and Tax Returns

    1. Tax Returns and Deadlines - Estate and Income, State and Federal, Decedent's and the Estate's
    2. Informal Closing by Statement of Personal Representative
    3. Compiling and Balancing the Final Account
    4. Final Distributions to Beneficiaries and Liability of Distributees
    5. Closing the Estate and Discharging the Fiduciary
  4. Maintaining an Ethical Practice

    1. Whom do You Represent? Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Practicing Law in More Than One State
  5. Managing the Estate: Valuations, Spousal Share, and More

    1. Marshalling and Valuing Decedent's Assets
    2. Initial Inventory
    3. Maintenance and Management
    4. Determining Elective Share and Homestead Allowance
    5. Spousal Rights: Electing vs. Disclaiming the Share
    6. Claiming Homestead Allowance
    7. Portability Rules; Claiming Unused Lifetime Exclusion
    8. Estate Expenses: Payment and Record-Keeping
    9. What to Do With the Income the Estate is Producing
    10. Addressing Credit Claims
  6. Post-Mortem Tax Planning, Distributions, and Trust Administration

    1. Managing the Tax Consequences of Elections and Receipt of Non-Probate Assets (e.g. IRA Distributions)
    2. Tax Implications of Transfers
    3. Creating Trusts and Subtrusts for Multiple Beneficiaries to Receive Their Shares of the Estate
    4. What to Do With Bequests and Trust Distributions to Minors
    5. Post-Mortem Tax Planning Approaches: How Much Maneuver Room is Left?
    6. How to Calculate the Omitted Spouse Share or Omitted Child Share
    7. Guarding Disabled Adult Beneficiaries' Benefits Eligibility

Who Should Attend

This basic level online seminar is designed for:

  • Attorneys
  • Accountants
  • Tax Professionals
  • Trust Officers
  • Executors and Other Fiduciaries
  • Paralegals

Speakers

Cindy E Younkin
Cindy E.
Younkin
McLean, Younkin & Willett, PLLC
Patrick Beddow
Patrick
Beddow
Karell Kimmet Beddow PLLP
Steven R Skabelund
Steven R.
Skabelund
Sandra J Alexander
Sandra J.
Alexander
Sandra J. Alexander, Attorney at Law
Speaker bio
Cindy E Younkin

Cindy E. Younkin

McLean, Younkin & Willett, PLLC
Cindy Younkin

is of counsel with McLean, Younkin & Willett, PLLC, in Bozeman, Montana. Her practice focuses on all things involving property from estate planning and probate, to farm and ranch matters, water rights and real estate transactions, on which she continues to advise members of her firm. Ms. Younkin was elected to the Montana House of Representatives and served from 1999 to 2004, serving as Majority Whip and chair of the Natural Resources Committee. She obtained her B.S. degree in microbiology from Montana State University and her J.D. from Lewis & Clark Law School, Portland, Oregon. 

Speaker bio
Patrick Beddow

Patrick Beddow

Karell Kimmet Beddow PLLP
Patrick Beddow

is a partner with Karell Kimmet Beddow PLLP in Billings, Montana, where his practice concentrates in the areas of probate, estate and closely-held business planning, trust administration and real estate, including mineral ownership, title curative, and mineral and agricultural leasing. Mr. Beddow earned his undergraduate degree, with distinction, from Carroll College. While at Carroll, he was a Distinguished Military Graduate, served in the Reserve Officers’ Training Corps, and was the Corps of Cadets Representative to the Associated Students of Carroll College. Mr. Beddow subsequently earned his J.D. degree from the University of Montana School of Law. He is a member of the State Bar of Montana, State Bar Association of North Dakota, Wyoming State Bar Association, the American Bar Association and the Montana Association of Professional Landmen.

Speaker bio
Steven R Skabelund

Steven R. Skabelund

Steven Skabelund

is a partner with Skabelund, Wirig & Loos. Mr. Skabelund is one of Utah's premier estate planning attorneys. Over his 30 year career, he has served over 10,000 estate planning clients. Mr. Skabelund's expertise has helped many families plan for what matters most. His services include drafting wills, trusts, powers of attorney and other basic estate planning documents. Mr. Skabelund also provides advanced asset protection services for many clients throughout the state of Utah. Some of these services include drafting and implementing asset protection trusts, forming limited liability companies (LLCs), creating irrevocable trusts, and other similar asset protection tools. He is admitted to practice in Utah. Mr. Skabelund earned his B.S. degree from Utah State University and his J.D. degree from Brigham Young University.

Speaker bio
Sandra J Alexander

Sandra J. Alexander

Sandra J. Alexander, Attorney at Law
Sandra Alexander

is a sole practitioner in Tulsa, where her practice is concentrated in the areas of real estate, small and medium businesses, wills, estates, trusts, probate, and legal services for the elderly. She also deals with estate and probate tax issues. Ms. Alexander was an instructor in business law and legal implications of the insurance industry for Tulsa Community College, and an adjunct professor of law teaching real estate transactions at the University of Tulsa College of Law. She is a member of the Oklahoma Bar Association. Ms. Alexander earned her B.A. degree from Swarthmore College, her J.D. degree from the University of Tulsa College of Law and completed a graduate study in regional and city planning at the University of Oklahoma in Norman.

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