CO Specific

Trusts, Estates & Probate

Colorado Probate Process: In 7 Simple Steps

Credits Available
Credit Status Total
Colorado CLE Approved 7 Total
OnDemand
5 hours 54 minutes
Catherine Anne Seal
Jack Roth
Emily Moy
Pam Radigan
With Catherine Anne Seal from The Gasper Law Group + 3 others
Recorded December 04, 2024
Product ID 99332

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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 99332

Credit Details

Credits Available
Credit Status Total
Colorado CLE Approved 7 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. 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

Catherine Anne Seal
Catherine Anne
Seal
The Gasper Law Group
Jack B Roth
Jack B.
Roth
Gasper Law Group
Emily K Moy
Emily K.
Moy
Gasper Law Group
Pam G Radigan
Pam G.
Radigan
Gasper Law Group
Speaker bio
Catherine Anne Seal

Catherine Anne Seal

The Gasper Law Group
Catherine Anne Seal

is a member in the law firm of Kirtland & Seal, L.L.C. and of counsel with the Gasper Law Group, both in Colorado Springs. She is the public administrator for the Fourth Judicial District of Colorado, serving El Paso and Teller Counties. Ms. Seal is the first person ever awarded an LL.M. degree in elder law from Stetson University College of Law, graduating with honors. She earned her B.B.A. degree, with honors, from Colorado State University; and her M.S. degree in marketing from the University of Colorado, Denver. Ms. Seal earned her law degree from the University of Colorado Law School and holds a graduate certificate in gerontology from the University of Colorado, Colorado Springs. She is a member of the American Bar Association's Real Property, Trusts and Estate Law Section, where she serves as co-chair of the Surrogate Decision Making Committee. Ms. Seal is also a member of the ABA’s Senior Lawyers Division, where she is co-chair of the Elder Law Committee. She is a past president of the National Academy of Elder Law Attorneys, and is past chair of the Guardianship Section. Ms. Seal is the past president of the Colorado Chapter of NAELA, and is one of only eight attorneys in Colorado designated a certified elder law attorney by the National Elder Law Foundation. As a member of the Colorado Bar Association, she is a past chair of the Elder Law Section. Ms. Seal is the author of Colorado Elder Law, published by Thompson West Publishing as part of their Colorado Practice Series. Her practice is concentrated in the areas of elder law, protective proceedings, probate, financial exploitation of the elderly, and related matters.

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Speaker bio
Jack B Roth

Jack B. Roth

Gasper Law Group
Jack Roth

is the managing partner of the probate and estate planning division in the Gasper Law Group. Before joining the Gasper Law Group, he spent twenty years as a prosecutor. Mr. Roth brings his vast experience in the courtroom to the firm, where he represents clients in the areas of probate and estate planning. He earned his undergraduate degree from Fort Lewis College and his J.D. degree from the University of Denver, Sturm College of Law.

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Speaker bio
Emily K Moy

Emily K. Moy

Gasper Law Group
Emily Moy

is an attorney with the Gasper Law Group. She practices in the areas of probate and estate planning. Ms. Moy earned her undergraduate degree from St. Mary's College of Maryland and her J.D. degree from West Virginia University School of Law. Previously, she has practiced in a wide range of areas of law but spent most of her time in the Army practicing criminal law, both as a prosecutor and a defense attorney.

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Speaker bio
Pam G Radigan

Pam G. Radigan

Gasper Law Group
Pam Radigan

is an attorney with the Gasper Law Group. Her practice focuses on end-of-life issues, estate planning and tax. Ms. Radigan works hard to ensure that each of her clients understands their options and that their documents accurately reflect their wishes. She earned her J.D. degree from the University of Colorado Law School in Boulder. Ms. Radigan is a member of both the El Paso County and Colorado bar associations.

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