ND Specific

Trusts, Estates & Probate

4.0

North Dakota Estate Administration From Start to Finish

Credits Available
Credit Status Total
North Dakota CLE Approved 6.75 Total
OnDemand
6 hours 32 minutes
John Warcup
Eric Ladley
Kelly Swenseth
With John Warcup from Swanson & Warcup, Ltd. + 2 others
Recorded June 13, 2023
Product ID 96641

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Overview

A Comprehensive Step-By-Step Guide to Estate Administration

Whether you're new to estate administration or need a basic refresher, this course will provide you with a comprehensive overview of estate administration, including proper asset valuation and distribution, taxation, and account closing procedures. You'll also learn how to correctly deal with thorny estate administration debt issues, including jointly held assets, business ownership and complex tax issues. Equip yourself with real-life, practical knowledge to ensure you are fully prepared to handle the entire estate administration process from start to finish - register today!

  • Learn how to meet every deadline, follow procedures and complete essential forms.
  • Identify key estate administration pitfalls you need to avoid.
  • Acquire strategies to ensure you can help your clients through every step of the probate process.
  • Manage your client's entire estate administration procedures properly and effectively.
  • Learn how to tackle complex estate administration issues such as tax issues, jointly held assets and will contests.
  • Understand how to properly transfer and distribute assets.
  • Explore proper procedures and processes when dealing with insurance claims and debt during estate administration.
  • Gain a better understanding of the probate court's procedures so that you can avoid common pitfalls and mistakes.
  • Get the latest information on allowances and elections against the will.
  • Identify how to properly distribute assets to minors, surviving spouses and trusts.

Abbreviated Agenda

  1. Commencement of Proceedings and Information Gathering
  2. Handling Creditor Claims and Debt
  3. Distribution and Closing of the Estate
  4. Handling Estate Administration Tax Issues
  5. Complex Issues in Estate Administration
  6. Ethics and Estate Administration

Related Topics

Product ID 96641

Credit Details

Credits Available
Credit Status Total
North Dakota CLE Approved 6.75 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Commencement of Proceedings and Information Gathering

    1. Appointment of Estate Administration
      1. Formal vs. Informal Proceedings
      2. Sample Letters of Authority
    2. First Meeting With Family or Designated Personal Representative and Determination of Heirs
    3. Written Fee Agreements
    4. Tips to Locate Information Quickly Using Online and Government Resources
    5. Dealing with Multiple States
    6. Initial Steps to the Estate Administration Process
    7. Marshalling Assets

  2. Handling Creditor Claims and Debt

    1. Sample Forms and Required Notices Needed
    2. Priority and Payment of Claims
    3. Late Claims and Contested Claims
    4. Steps to Ensure all Debt is Located and Handled Correctly
      1. What if the Assets Don't Cover the Bills?
      2. Bankruptcy and Foreclosure
    5. Selling of Assets and Properly Dealing with Creditors

  3. Distribution and Closing of the Estate

    1. Sample Forms, Agreements and Documents Needed
    2. Proper Transferring and Distribution of Probate and Non-Probate Assets and Timing of Distributions
      1. Real Estate
      2. 401Ks, IRAs, Pensions and Life Insurance Policies
      3. Distribution of Miscellaneous Assets (Automobiles, Jewelry, Etc.)
    3. Distributions in Kind
    4. Distribution to Minors, Surviving Spouse and Trusts
    5. Disposition of Unclaimed Assets
    6. Proper Settlement of the Estate
      1. Formal and Informal Estate Accountings
      2. Choosing the Appropriate Closing Procedure
      3. Compensation and Discharge of the Personal Representative

  4. Handling Estate Administration Tax Issues

    1. Examples of Forms Needed
    2. Federal and State Estate Tax Considerations
    3. Income Tax Issues for the Estate and the Heirs
    4. Resolving Disputes With Taxing Authorities
    5. Deductions and Exemptions
    6. How the Generation-Skipping Transfer Tax Affects Your Clients
    7. Tax Deadlines and Handling Extensions
    8. Sales of Real Property

  5. Complex Issues in Estate Administration

    1. Jointly Held Assets
    2. Spousal Claims
      1. Allowances and Elections Against the Will
    3. Handling Unmarried Couples and Stepchildren
    4. Will Contests, Trust and Estate Disputes
    5. Business Ownership
    6. Agency Problems Involving Guardianships, Conservatorships, Powers of Attorney or Other Agency Relationships

  6. Ethics and Estate Administration

    1. Breach of Fiduciary Responsibility
    2. Avoiding Conflicts of Interest
    3. Attorney-Client Privilege
    4. Fee Agreements

Who Should Attend

This basic level online seminar is designed for professionals who want to be more effective in the estate administration process, such as:

  • Attorneys
  • CPAs and Accountants
  • Paralegals
  • Wealth Managers
  • Tax Professionals
  • Trust Officers

Speakers

John Warcup
John
Warcup
Swanson & Warcup, Ltd.
Eric Ladley
Eric
Ladley
Montco Elder Law, LLP
Kelly Swenseth
Kelly
Swenseth
Swenseth Law Office, PLLC
Speaker bio
John Warcup

John Warcup

Swanson & Warcup, Ltd.
John Warcup

is a partner in the law firm of Swanson & Warcup, Ltd., where he practices in the areas of estate and probate law, tax law, litigation, real estate law, employment law, title insurance law, and municipal law. Mr. Warcup is a lecturer to various professional groups and organizations on his areas of practice. He earned his B.B.A. degree from the University of North Dakota and his J.D. degree, with distinction, from the University of North Dakota School of Law. Mr. Warcup is a member of the Grand Forks County Bar Association and the State Bar Association of North Dakota.

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Speaker bio
Eric Ladley

Eric Ladley

Montco Elder Law, LLP
Eric Ladley

, CELA, is an attorney with Montco Elder Law, LLP, where he focuses his practice in the areas of estate planning, long-term care planning, estate administration, and guardianships. He is certified as an elder law attorney by the National Elder Law Foundation. Mr. Ladley is also accredited by the Veterans Administration to represent veterans, and can prepare, present, and prosecute claims before the department. He is a member of Montgomery County Bar Association, Pennsylvania Association of Elder Law Attorneys, and Lycoming Law Association. Mr. Ladley earned his B.A. degree from George Washington University and his J.D. degree from Penn State Dickinson School of Law.

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Speaker bio
Kelly Swenseth

Kelly Swenseth

Swenseth Law Office, PLLC
Kelly Swenseth

is an attorney and the owner of Swenseth Law Office, PLLC, where her team works with families, farmers, and small businesses ready to forge ahead, focus on growth in their business, and preserve their family legacy. Ms. Swenseth received her B.A., cum laude from the University of North Dakota in Grand Forks and her J.D. from The University of North Dakota School of Law, and had the opportunity to travel and study abroad in Oslo and Shanghai during the summers. She is a member of the State Bar of North Dakota and Lake Region Bar Association. Ms. Swenseth is licensed to practice law in Minnesota, North Dakota, Colorado and Wyoming.

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In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

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