LA Specific

Trusts, Estates & Probate

Louisiana Probate Process from Start to Finish

Credits Available
Credit Status Total
Louisiana CLE Approved 6.67 Total
OnDemand
6 hours 32 minutes
Bryce Denny
Robert Weimer
William Dutel
Bryan O
Carla Sigler
Donovan Francis
With Bryce J. Denny from Law Office of Bryce Denny, L.L.C. + 5 others
Recorded December 13, 2024
Product ID 99294

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

Related Topics

Product ID 99294

Credit Details

Credits Available
Credit Status Total
Louisiana CLE Approved 6.67 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. 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

  2. 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

  3. 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?

  4. 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

  5. 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

  6. Probate Property vs. Non-Probate Assets

  7. 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

  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. Martial Portion and Forced Heirships
    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. Discharging the Executor
    3. Closing Decedent's Remaining Accounts
    4. Succession Representative and Attorney Compensation
    5. Administrative Expenses
    6. When Reopening the Estate is Warranted

  10. 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

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

Bryce J Denny
Bryce J.
Denny
Law Office of Bryce Denny, L.L.C.
Robert T Weimer IV
Robert T.
Weimer, IV
Brown Weimer, LLC
William J Dutel
William J.
Dutel
Dutel Law Firm
Bryan J O'Neill
Bryan J.
O'Neill
Carla S Sigler
Carla S.
Sigler
Donovan R Francis
Donovan R.
Francis
BFH Law Group
Speaker bio
Bryce J Denny

Bryce J. Denny

Law Office of Bryce Denny, L.L.C.
Bryce Denny

is the owner of Law Office of Bryce Denny, L.L.C., where he primarily practices labor and employment law. He is admitted to practice in both Texas and Louisiana. Mr. Denny was re-appointed in 2017 to a three-year term on the Louisiana State Bar Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas and his J.D. degree from Baylor University.

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Speaker bio
Robert T Weimer IV

Robert T. Weimer, IV

Brown Weimer, LLC
Robert Weimer

is a partner in the law firm of Brown Weimer, LLC, where he manages the estate/succession litigation section of the firm. He also has extensive experience in mental health litigation and family law matters. Mr. Weimer counsels clients through complex successions; and guides clients through succession law controversies among executors, heirs, and legatees. Additionally, he has represented clients in a wide variety of family law matters, including custody, visitation, divorce, tutorship, and curatorship. Mr. Weimer is a frequent lecturer in Louisiana estate matters. He earned his B.S. degree from the University of South Alabama and his J.D. degree from Loyola University New Orleans College of Law. Mr. Weimer is licensed to practice law in Louisiana and Texas, and is a member of the New Orleans Bar Association.

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Speaker bio
William J Dutel

William J. Dutel

Dutel Law Firm
William Dutel

is the owner and managing attorney of Dutel Law Firm. He focuses his practice in wills, trusts and estates, and successions, as well as will, succession and trust litigation. Mr. Dutel also represents businesses and their owners, and handles business litigation. He lectures to various groups on estate planning, wills, successions and trusts, and related litigation. Mr. Dutel is a member of the 22nd Judicial District Court Bar Association,  Louisiana State Bar Association, Kentucky Bar Association and the American Bar Association. He is admitted to practice in Louisiana and Kentucky. Mr. Dutel earned his B.S. degree in accounting from the University of New Orleans and his J.D. degree from Tulane University School of Law.

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Speaker bio
Bryan J O'Neill

Bryan J. O'Neill

Bryan O'Neill

is an attorney at The Derbes Law Firm, LLC. He assists clients in a variety of commercial transactional matters, including entity election and startup, corporate governance, mergers and acquisitions, commercial litigation, real estate, as well as general business related matters. Mr. O'Neill also regularly advises clients on the division of retirement plans through Qualified Domestic Relations Orders, as well as end of life matters, such as estate planning, succession administration and litigation. Mr. O'Neill rounds out his practice handling appeals in many venues. He received his B.S. degree from Tulane University and his J.D. degree from Loyola University New Orleans College of Law. Mr. O'Neill is a member of the Louisiana State Bar Association, Jefferson Bar Association, and New Orleans Bar Association. He is also a barrister member and program chair of St. Thomas More Loyola Law American Inn of Court. Mr. O'Neill is admitted to practice law in Louisiana and before the U.S. District Court, Eastern, Middle and Western districts of Louisiana; and U.S. Court of Appeals, Fifth Circuit.

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Speaker bio
Carla S Sigler

Carla S. Sigler

Carla Sigler

is a solo practitioner at Sigler Law, Inc. She serves clients with integrity and skill in the areas of criminal defense, family law, business litigation, estate planning, successions, and represents government agencies and serves as the Vinton Magistrate Judge. As an experienced appellate advocate, she won a murder case before the United States Supreme Court while serving as an Assistant District Attorney. Ms. Sigler also is available for legal writing and research and appellate advocacy work and consultation. She earned her B.S. degree from McNeese State University and her J.D. degree from Paul M. Hebert LSU Law Center. Ms. Sigler is a member of the Southwest Louisiana Bar Association and the Texas State Bar. She is also a member of several federal bars, including the U.S. Supreme Court, U.S. Court of Appeals for the Fifth Circuit, and U.S. District Court, Middle and Western districts of Louisiana. In her practice Ms. Sigler represents a number of succession clients in issues involving real estate sales and fiduciary litigation. She has been appointed by courts to serve as an administrator in succession cases and has been asked to provide expert testimony.

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Speaker bio
Donovan R Francis

Donovan R. Francis

BFH Law Group
Donovan Francis

is an attorney at BFH Law Group, located in New Orleans, Louisiana. He has assisted clients in estate planning, tax, bankruptcy, and corporate matters. Mr. Francis has extensive knowledge of estate planning issues and provides a wide array of services to business clients, including contract review, negotiation, entity formations, and employment matters. While working for the Louisiana Workforce Commission, he assisted with tax collection/non-profit revenue optimization, public policy, and labor and employment law. Mr. Francis earned his B.A. degree from Emory University and his J.D. degree from Tulane University Law School. He is admitted to practice law in Louisiana and Texas, and before U.S. District courts, Louisiana, Eastern and Western districts; and U.S. Bankruptcy courts, Louisiana, Eastern and Middle districts.

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