MD Specific

Trusts, Estates & Probate

Maryland Probate Process: In 7 Simple Steps

Credits Available

There is no credit available on this course.
OnDemand
5 hours 51 minutes
Heather Sunderman
Richard Chisholm
Krista Robertson
Jessica Estes
Sean O
With Heather L. Sunderman from McMillan Metro and Faerber, P.C. + 4 others
Recorded March 12, 2024
Product ID 97967

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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.
  • Discover how to litigate deed contests, lost or contested wills, fiduciary misconduct, and more.

Abbreviated Agenda

  1. Opening the Estate
  2. Preparing the Personal Representatives for the Job
  3. Managing the Estate: Valuations, Spousal Share, and More
  4. Addressing Creditor Claims
  5. Post-Mortem Tax Planning, Distributions, and Trust Administration
  6. Handling Estate Closing, Final Accounting, and Tax Returns
  7. Maintaining an Ethical Practice
  8. Resolving Disputes and Navigating Probate Litigation

Related Topics

Product ID 97967

Credit Details

Credits Available

There is no credit available on this course.
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Agenda

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  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. 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

  4. Addressing Creditor Claims

    1. Issuing Notices to Creditors: What Works Best
    2. Validating Claims
    3. Determining the Priority of Creditor Rights
    4. Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
    5. Satisfying Tax Claims and Liens

  5. 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

  6. 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

  7. 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

  8. Resolving Disputes and Navigating Probate Litigation

    1. Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
    2. Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
    3. Probate Litigation Rules, Procedures, and Evidentiary Provisions
    4. Fiduciary Misconduct, Liability, Disputes with Beneficiaries
    5. Effective Approaches to Resolving Disputes Without Going to Court

Who Should Attend

This basic level online seminar is designed for:

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

Speakers

Heather L Sunderman
Heather L.
Sunderman
McMillan Metro and Faerber, P.C.
Richard S Chisholm
Richard S.
Chisholm
WardChisholm, LLP
Krista N Robertson
Krista N.
Robertson
ChisholmOliver, LLP
Jessica L Estes
Jessica L.
Estes
ERA Law Group, LLC
Sean P O'Keefe
Sean P.
O'Keefe
O'Keefe Legal Services, L.L.C.
Speaker bio
Heather L Sunderman

Heather L. Sunderman

McMillan Metro and Faerber, P.C.
Heather Sunderman

is an associate at McMillan Metro and Faerber, P.C., where she focuses on the areas of wills, trusts, estate planning, probate, guardianships and family law. In addition, Ms. Sunderman is trained as a mediator and collaborative law practitioner. She has been appointed by courts to represent disabled persons in guardianship matters, and children in contested custody matters. Ms. Sunderman has litigated cases in many different areas of the law including divorce, guardianships, domestic violence and civil disputes. She earned her bachelor’s degree from Allegheny College and her J.D. degree from Washington College of Law (American University). Ms. Sunderman is a member of the Maryland State Bar Association and the Bar Association of Montgomery County, Maryland. She is admitted to practice law in Maryland, Virginia and the District of Columbia.

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Speaker bio
Richard S Chisholm

Richard S. Chisholm

WardChisholm, LLP
Richard Chisholm

is a partner with the law firm WardChisholm, P.C. in Bethesda, Maryland. He focuses his practice on legal matters involving estate planning, estate administration, business planning, tax controversies, and tax law. Mr. Chisholm taught at Antonin Scalia School of Law, The Catholic University of America, where he taught estate and gift taxation and estate planning. Also a certified public accountant, he earned his B.S. degree from Frostburg State University and his J.D. degree, with honors, from Howard University. Mr. Chisholm is a member of the Maryland State Bar Association, American Bar Association, Maryland Association of Certified Public Accountants, and American Association of Attorney, Certified Public Accountants.

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Speaker bio
Krista N Robertson

Krista N. Robertson

ChisholmOliver, LLP
Krista Robertson

is an attorney with WardChisholm, LLP, where she focuses her practice in estate planning, probate, and estate and trust administration, primarily in the District of Columbia and Maryland. Ms. Robertson is a member of the Maryland and New York State bar associations, and the District of Columbia Bar. She earned her B.A. degree from Georgetown University, her LL.M. degree from UNH Franklin Pierce School of Law, and her J.D. degree from The University of New Mexico School of Law.

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Speaker bio
Jessica L Estes

Jessica L. Estes

ERA Law Group, LLC
Jessica Estes

is a founding member of ERA Law Group, LLC. She oversees the estates, trusts, elder law, and Medicaid/Veteran's benefits sections of the firm's practice in Annapolis, Maryland. For more than a decade, Ms. Estes has worked with individuals and families to make sure they have the necessary legal documents in place in the event of death, disability or incapacity. She also helps clients apply and qualify for government benefits while at the same time preserving their assets for their families and loved ones. Ms. Estes is a member of the National Academy of Elder Law Attorneys and was also a panel member for the American Bar Association's 2015 webinar entitled, "Medicaid Risk Analysis - Identifying Medicaid Eligibility and Avoiding Malpractice." In addition, she is a regular contributor to Outlook by the Bay magazine and a member volunteer for the Junior League of Annapolis, Inc. Ms. Estes also speaks regularly at various assisted living facilities and senior centers throughout Maryland. She earned her B.A. degree from the University of Maryland, College Park; and her J.D. degree from the University of Baltimore School of Law. Ms. Estes is licensed to practice law in Maryland and before the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit.

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Speaker bio
Sean P O'Keefe

Sean P. O'Keefe

O'Keefe Legal Services, L.L.C.
Sean O'Keefe

is a member of O'Keefe Legal Services, L.L.C., in Frederick County, where he focuses on estate planning and administration, and business law. He is a member of the American, Maryland State, and Frederick County bar associations, where he has been active on various committees. Mr. O'Keefe also is president for the Middletown Area Chamber of Commerce, and presents on estate planning topics for the Planned Giving Committee for Hospice of Frederick County. He earned his B.A. degree, magna cum laude, from the University of Maryland, Baltimore County; and his J.D. degree and LL.M. degree in taxation from the University of Baltimore School of Law.

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