NM Specific

Trusts, Estates & Probate

New Mexico Probate Basics

Credits Available
Credit Status Total
Colorado CLE Approved 4 Total
New Mexico CLE Approved 3 Total
Tennessee CLE Approved 3 Total
OnDemand
2 hours 51 minutes
B. Cullen Hallmark
Elisabeth Millich
With B. Cullen Hallmark Jr. from Sommer, Udall Law Firm, PA + 1 other
Recorded September 17, 2024
Product ID 98831

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Overview

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

This 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 resolve disputes. Arm yourself with the foundational knowledge and best practices you need to ensure a smooth administration. 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.
  • 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. Resolving Disputes and Navigating Probate Litigation

Related Topics

Product ID 98831

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 4 Total
New Mexico CLE Approved 3 Total
Tennessee CLE Approved 3 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. PR Final Accounting and Estate Closing Duties
    4. Clarifying Executor Compensation
    5. 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. Addressing Creditor Claims
    10. What to Do With the Income the Estate is Producing

  4. 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
  • Trust Officers
  • Executors and Other Fiduciaries
  • Paralegals

Speakers

B. Cullen Hallmark Jr.
B. Cullen
Hallmark, Jr.
Sommer, Udall Law Firm, PA
Elisabeth A Millich
Elisabeth A.
Millich
Elisabeth A. Millich, LLC
Speaker bio
B. Cullen Hallmark Jr.

B. Cullen Hallmark, Jr.

Sommer, Udall Law Firm, PA
B. Cullen Hallmark

is a partner with the Santa Fe law firm of Sommer, Udall Law Firm, PA, where he has a general civil practice; including estate planning and administration, real estate, and litigation. Mr. Hallmark has lectured on estate planning and administration to various professional groups. He earned his B.A. degree from St. John's College and his J.D. degree from the University of Texas at Austin. Mr. Hallmark is a member of the State Bar of New Mexico, State Bar of Texas and the First Judicial District Bar Association (former Board of Directors and president).

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Speaker bio
Elisabeth A Millich

Elisabeth A. Millich

Elisabeth A. Millich, LLC
Elisabeth Millich

is the owner of Elisabeth A. Millich, LLC, where she works primarily as a trust, estate, guardianship, and conservatorship litigator. Ms. Millich also taught a trust, estate, guardianship, and conservatorship class at the University of New Mexico School of Law. She is admitted to practice in New Mexico. Ms. Millich is a member of the State Bar of New Mexico (Real Property Trust and Estates Section), The Florida Bar, the Federal Bar, and the New Mexico Guardianship Association (board member). She earned her B.A. degree from San Francisco State University, J.D. degree from the Santa Clara University School of Law and LL.M. degree from the University of Miami School of Law.

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