OH Specific

Trusts, Estates & Probate

4.21

Ohio Probate Process from Start to Finish

Credits Available
Credit Status Total
Ohio CLE Approved 6.75 Total
OnDemand
6 hours 33 minutes
P. Nicholas Sebastiano
Mark Graziani
E. Dale Searcy
Richard Koblentz
R. Jason Howard
James Adray
With P. Nicholas Sebastiano + others
Recorded December 06, 2024
Product ID 99296

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

Related Topics

Product ID 99296

Credit Details

Credits Available
Credit Status Total
Ohio CLE Approved 6.75 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. 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

  2. Probate Property vs. Non-Probate Assets

  3. 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

  4. 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?

  5. 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

  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. 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

  8. 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

  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

P. Nicholas Sebastiano
P. Nicholas
Sebastiano
Mark Graziani
Mark
Graziani
Graziani Law, LLC
E. Dale Searcy
E. Dale
Searcy
Dale Searcy Attorney
Richard S Koblentz
Richard S.
Koblentz
Koblentz, Penvose & Froning, LLC
R. Jason Howard
R. Jason
Howard
Robert J. Howard, Attorney at Law
James S Adray
James S.
Adray
Adray & Grna
Speaker bio
P. Nicholas Sebastiano

P. Nicholas Sebastiano

P. Nicholas Sebastiano

is an attorney with Reminger Co., L.P.A., practicing in the areas of probate and trust, litigation and administration. He is a member of the Ohio State Bar Association, Mahoning County Bar Association and Trumbull County Bar Association. Mr. Sebastiano earned his B.A. degree from Duquesne University and his J.D. degree from the University of Toledo College of Law.

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Speaker bio
Mark Graziani

Mark Graziani

Graziani Law, LLC
Mark Graziani

is an attorney and owner of Graziani Law, LLC located in Barberton, Ohio. He practices in the areas of bankruptcy protection, estate planning, and probate throughout Ohio from his office in Barberton. Additionally, Mr. Graziani is a veteran and provides services for fellow veterans. He earned his B.S. degree, magna cum laude, from Ohio State University in astronomy; his Master's degree in business administration, with honors, from the University of Akron; and his J.D. degree from the University of Akron School of Law.

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Speaker bio
E. Dale Searcy

E. Dale Searcy

Dale Searcy Attorney
E. Dale Searcy

is a professor of law emeritus at the University of Dayton School of Law, where he has taught for more than 30 years, specializing in income tax, estate and gift tax, wills and trusts, and estate planning. He has advised the tax moot court teams and the Phi Delta Phi Legal Professional Fraternity, and founded and advised the Volunteer Income Tax Assistance (VITA) program. The law school student body has selected him Professor of the Year ten times. Since retiring from full-time teaching, Professor Searcy has consulted for lawyers. He earned his B.S. degree in mechanical engineering from General Motors Institute, his J.D. degree from Indiana University and his LL.M. degree in taxation from New York University.

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Speaker bio
Richard S Koblentz

Richard S. Koblentz

Koblentz, Penvose & Froning, LLC
Richard Koblentz

is an attorney with Koblentz, Penvose & Froning, LLC. He devotes the greatest portion of his practice to the area of professional responsibility, including legal ethics, attorney discipline, bar admission representation, representation in the areas of attorney conflicts of interest, disqualification of counsel, law firm formations and dissolutions, legal malpractice representation as both plaintiff and defense counsel, and service as an expert witness. Mr. Koblentz also practices in the areas of complex and general civil litigation, criminal defense, probate, real estate, small business counseling and domestic relations. He has served as president of the Cleveland-Marshall Law Alumni Association, is an officer of the Cuyahoga County Bar Association, and is a member of the Council of Visitors at California Western School of Law in San Diego, California. He earned his B.S. degree from The Ohio State University and his J.D. degree from Cleveland-Marshall College of Law.

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Speaker bio
R. Jason Howard

R. Jason Howard

Robert J. Howard, Attorney at Law
R. Jason Howard

is a sole practitioner in Dayton, Ohio, with a practice concentration in probate, wills and trusts, real estate, business planning, and related litigation. He has lectured for National Business Institute in these areas for fourteen years. Mr. Howard is a member of the Dayton and Ohio State bar associations. Mr. Howard is admitted to practice in Ohio, and before the U.S. District Court for the Southern District of Ohio and the U.S. District Court for the Eastern District of Wisconsin. Mr. Howard earned his B.S. degree from Wright State University and his J.D. degree from the University of Dayton School of Law.

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Speaker bio
James S Adray

James S. Adray

Adray & Grna
James Adray

is a partner in the Toledo law firm of Adray & Grna, where he practices in the areas of business law, probate, estate planning, divorce, and medical malpractice. He also deals with estate tax issues. Mr. Adray is a mediator/arbitrator with the American Arbitration Association and is a mediator trainer throughout Ohio. He has taught at the University of Toledo Law School and College of Education. Mr. Adray is a member of the State Bar of Michigan (Alternate Dispute Resolution, and Probate and Trust Law committees), and the Ohio State (Family Law and Alternative Dispute Resolution committees) and Toledo bar associations. He earned both his B.A. degree and his J.D. degree from the University of Toledo.

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