Trusts, Estates & Probate

WI Specific

4.73

Wisconsin Probate Process from Start to Finish

Credits Available
Credit Status Total
Wisconsin CLE Approved 8 Total
OnDemand
6 hours 35 minutes
Erin Strohbehn
Abigail McGowan
Jake Joling
Ralph Johnson
Jessica Sippel
With Erin M. Strohbehn from Husch Blackwell LLP + 4 others
Recorded September 20, 2024
Product ID 98809

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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

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Probate Disputes and Litigation
  4. Probate Property vs. Non-Probate Assets
  5. Handling Claims Against the Estate
  6. Tax Reporting and Post-Mortem Tax Matters
  7. Inventory and Appraisement
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate
  10. Ethics

Related Topics

Product ID 98809

Credit Details

Credits Available
Credit Status Total
Wisconsin CLE Approved 8 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Initial Filing in Probate Court and Estate Timeline

    1. Small Estate Administration
    2. Probate Court Procedure
    3. Estate Timetable/Checklist
    4. Formal vs. Informal Probate Administration
    5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
    6. What the Personal Representative Needs to Know and Do
    7. When is Ancillary Administration Necessary?

  2. Law of Intestate Succession

    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance

  3. Probate Disputes and Litigation

    1. Beneficiary Liability
    2. Fiduciary Liability
    3. Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
    4. Revoked, Multiple, Contested Wills
    5. Common Will Construction Problems
    6. Objections to Accounts and Petitions

  4. Probate Property vs. Non-Probate Assets

  5. Handling Claims Against the Estate

    1. Required Creditor Notice
    2. Determining Priority of Claims
    3. Allowing and Rejecting Claims, and Paying Them
    4. Handling Lawsuits Against the Estate and the Decedent
    5. Insolvency Issues

  6. Tax Reporting and Post-Mortem Tax Matters

    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate after Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating with Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues

  7. Inventory and Appraisement

    1. Locating Insurance Policies, Deeds and Other Ownership Documents
    2. Obtaining a Tax ID and Marshaling Property
    3. Preparing the Inventory and Appraisal Forms
    4. Dealing with the Probate Referee
    5. Managing Decedent's Assets During Probate
    6. Handling Common Valuation Issues
    7. When to Hire a Valuation Specialist or Appraiser

  8. Sale of Property and Distributions

    1. Disposition of Real Estate - Title Issues in Probate
    2. Retirement Plans and IRA Distributions
    3. Life Insurance and Other Beneficiary Designations and Accounts
    4. Preliminary and Final Distributions
    5. Calculating Augmented Estate and Spousal Elective Share
    6. Dealing with the Surviving Family Members and Other Beneficiaries
    7. Solving the Problem of Liquidity
    8. Distributions to Trusts

  9. Final Accounting and Closing the Estate

    1. Estate Accounting Procedure
    2. Closing Certificate for Fiduciaries
    3. Closing Decedent's Remaining Accounts
    4. Personal Representative and Attorney Compensation
    5. Extraordinary Services Compensation
    6. When Reopening the Estate is Warranted

  10. Ethics

    1. Who is Your Client? Avoiding Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Malpractice Liability Risks
      1. Negligence
      2. Breach of Fiduciary Duty
      3. Fraud

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

Erin M Strohbehn
Erin M.
Strohbehn
Husch Blackwell LLP
Abigail R McGowan
Abigail R.
McGowan
Reinhart Boerner Van Deuren sc
Jake C Joling
Jake C.
Joling
Murphy Desmond Lawyers S.C.
Ralph E Johnson
Ralph E.
Johnson
Axley LLP
Jessica Sippel
Jessica
Sippel
Sippel Law, LLC
Speaker bio
Erin M Strohbehn

Erin M. Strohbehn

Husch Blackwell LLP
Erin Strohbehn

is senior counsel at Husch Blackwell LLP in its Milwaukee office. She practices in the areas of probate, trust, and fiduciary litigation and speaks frequently on her areas of practice. She is a member of the State Bar of Wisconsin, the Association for Women Lawyers, the Milwaukee Bar Association and its Fee Arbitration Committee. Ms. Strohbehn earned her B.A. degree from Marquette University and her J.D. degree from Marquette University Law School.

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Speaker bio
Abigail R McGowan

Abigail R. McGowan

Reinhart Boerner Van Deuren sc
Abigail McGowan

is an attorney at Reinhart Boerner Van Deuren sc. Her practice areas consist of estate planning and administration, probate, business succession, and asset protection planning. Ms. McGowan's law practice involves preparing estate planning documents such as wills, revocable trusts, marital property agreements, powers of attorney, HIPAA waivers, and special needs trusts. Additionally, she has been published in the NAEPC Journal of Estate and Tax Planning. She graduated summa cum laude from Carthage College in Kenosha, Wisconsin with a Bachelor of Arts degree in public relations. She went on to graduate magna cum laude and receive her Juris Doctorate from Indiana University Maurer School of Law. During law school, she was a dean's writing fellow, an articles editor for the Indiana Law Journal, and an executive board member for the Sherman Minton Moot Court Competition. Currently, she is a member of the State Bar of Wisconsin.

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Speaker bio
Jake C Joling

Jake C. Joling

Murphy Desmond Lawyers S.C.
Jake Joling

is an attorney at Murphy Desmond Lawyers S.C., where he represents clients in estate planning, probate and trust administration. He handles preparation of wills, revocable and irrevocable trusts, financial powers of attorney, healthcare powers of attorney, charitable gifting, guardianships and special needs trusts. In addition, Mr. Joling drafts and reviews prenuptial and postnuptial agreements, which is especially important in second marriages or where there are children from prior relationships. He earned his B.S. degree, with honors, from the University of Wisconsin La Crosse and his J.D. degree from University of Wisconsin Law School. Mr. Joling received a Bruce Beilfuss Award for Outstanding Service to the Law School. He is a member of Business Network International (BNI) and the State Bar of Wisconsin. Mr. Joling is admitted to practice law in Wisconsin.

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Speaker bio
Ralph E Johnson

Ralph E. Johnson

Axley LLP
Ralph Johnson

is a partner at Axley LLP and a member of the firm's litigation and business practice groups. He focuses his practice on real estate litigation, including eminent domain, debtor-creditor matters, and consumer rights. Mr. Johnson also extensively handles matters relating to probate court, estate planning, and family law. With more than 30 years of legal experience, he has successfully tried cases before judges and juries in circuit courts throughout Wisconsin, as well as federal court, including bankruptcy court. Mr. Johnson has also appeared before the Wisconsin Supreme Court and Court of Appeals in the reported cases of O'Neill v. Reemer, 259 Wis.2d 544, 2003 WI 13, and Vohs v. Donovan, 2009 WI App 181. He earned his B.A. degree from the University of Wisconsin-Madison and his J.D. degree from Capital University School of Law.

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Speaker bio
Jessica Sippel

Jessica Sippel

Sippel Law, LLC
Jessica Sippel

is the principal attorney of Sippel Law, LLC. Since 2011, she has focused her practice in the areas of estate planning, probate, trust administration, and real estate. Ms. Sippel advises and counsels clients in estate and tax planning for multi-million dollar estates as well as clients who have smaller estates. She has been an active educator and speaker for private families, financial planners and accountants and welcomes any opportunity to share the importance of estate planning with her professional and community fellows. Ms. Sippel presently is a member of the State Bar of Wisconsin, Milwaukee Bar Association, Financial Planning Association, Association for Women Lawyers, and the Association for Marquette University Women. She earned her undergraduate degree, cum laude, from Marquette University; and her J.D. degree from Marquette University Law School.

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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.
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