IL Specific

Trusts, Estates & Probate

Illinois Probate Process: In 7 Simple Steps

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
OnDemand
6 hours 1 minute
Sandra Mertens
Michael Drabant
William Berry
L. Kaye DeSelms Dent
Hugh Drake
Claire Meyer
Melissa Johnson
Eric Wilen
With Sandra D. Mertens from Gensburg, Calandriello & Kanter, P.C. + 7 others
Recorded December 03, 2024
Product ID 99333

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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
Product ID 99333

Credit Details

Credits Available
Credit Status Total
Illinois CLE Approved 6 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 and paralegals.

Speakers

Sandra D Mertens
Sandra D.
Mertens
Gensburg, Calandriello & Kanter, P.C.
Michael J Drabant
Michael J.
Drabant
A. Traub & Associates
William L Berry
William L.
Berry
William Berry & Associates, LLC
L. Kaye DeSelms Dent
L. Kaye
DeSelms Dent
Dent Coulson Elder Law, LLC
Hugh F Drake
Hugh F.
Drake
Brown, Hay & Stephens, LLP
Claire D Meyer
Claire D.
Meyer
Brown, Hay & Stephens, LLP
Melissa Johnson
Melissa
Johnson
Generation Law, Ltd.
Eric R Wilen
Eric R.
Wilen
Brooks, Tarulis & Tibble, LLC
Speaker bio
Sandra D Mertens

Sandra D. Mertens

Gensburg, Calandriello & Kanter, P.C.
Sandra Mertens

is a partner in the law firm of Gensburg, Calandriello & Kanter, P.C., where she is known for her diverse skill set, practicing in the areas of federal and state tax controversy and consulting, offshore account disclosures, estate planning, probate, estate and trust administration, general business law, and commercial litigation. Ms. Mertens has negotiated many tax resolutions with the IRS and Illinois Department of Revenue, reducing her clients' overall tax liabilities and helping them lower their monthly payment. Since 2008, she has served as a monthly contributor to Debits and Credits, a newsletter published by the Independent Accountants Association of Illinois. Ms. Mertens is also a member of the CBA's State and Local Tax Committee, and has lectured and prepared seminar materials for accountant and attorney education on a variety of topics, including offers in compromise, trust fund recovery penalties, IRS Voluntary Classification Settlement Program for workers, foreign reporting requirements, and the IRS' Offshore Voluntary Disclosure Program and compliance procedures. In addition, she assists large and small businesses with all stages of their business, from formation of an entity to contracts to employee issues, and dissolution. Ms. Mertens earned her B.A. degree, cum laude, from Trinity International University; and her J.D. degree, with honors, from Chicago-Kent College of Law, Illinois Institute of Technology. She is admitted to the Illinois State Bar, the U.S. District Court for the Northern District of Illinois, the United States Bankruptcy Court and the United States Tax Court. Ms. Mertens has also been admitted pro hac vice in the District Court for the District of Columbia and New York State Court.

Speaker bio
Michael J Drabant

Michael J. Drabant

A. Traub & Associates
Michael Drabant

is a partner with A. Traub & Associates, where he focuses his practice in the areas of estate planning, guardianship, estates and trust administration, special needs planning, and Medicaid applications and appeals. Mr. Drabant earned his B.A. degree from the University of Maryland and his J.D. degree and LL.M. degree in taxation, with honors, from The John Marshall Law School. Mr. Drabant is an active member of the DuPage County Bar Association and the Illinois State Bar Association.

Speaker bio
William L Berry

William L. Berry

William Berry & Associates, LLC
William Berry

is the principal member of William Berry & Associates, LLC, with the principal office in Collinsville, Illinois. His personal experience centers on civil litigation, insurance coverage, products liability, negligence, family law, probate, trust law, and criminal law. Mr. Berry earned his undergraduate degree from Millkin University and his J.D. degree from Washington University Law School.

Speaker bio
L. Kaye DeSelms Dent

L. Kaye DeSelms Dent

Dent Coulson Elder Law, LLC
L. Kaye DeSelms Dent

is a partner in the law firm of Dent Coulson Elder Law, LLC, with offices in Effingham and O'Fallon, Illinois. She practices in the areas of elder law and estate planning services, focusing on nursing home planning, special needs planning, and estate planning. As a member of Elder Counsel and secretary of the Board of Directors of the Illinois Chapter of the National Academy of Elder Law Attorneys, Ms. Dent has an array of resources available for her clients' planning needs. She serves on the Board of Directors of the Children's Advocacy Centers of Illinois (previously as treasurer) and is also a member of The Southeastern Illinois Community Foundation Advisory Board for Effingham County. Ms. Dent earned her undergraduate degree from the University of Illinois in Urbana and her J.D. degree from Hofstra University School of Law.

Speaker bio
Hugh F Drake

Hugh F. Drake

Brown, Hay & Stephens, LLP
Hugh Drake

is a partner in the firm of Brown, Hay & Stephens, LLP, in Springfield, Illinois, where he practices in the areas of estate and business planning. He represents clients in wealth transfer and estate administration matters. Mr. Drake is experienced in designing and implementing sophisticated and personalized estate plans. He regularly advises clients with illiquid estates, such as business owners and farmers, to achieve their tax and non-tax objectives, such as succession planning. Mr. Drake is a fellow of the American College of Trust and Estate Counsel. He has served in various leadership positions for the American Bar Association's Real Property, Trust and Estate Law Section. Mr. Drake earned his B.A. degree from the University of Illinois, his M.A. degree from Southern Illinois University, and his J.D. degree, cum laude, from the University of Illinois College of Law.

Speaker bio
Claire D Meyer

Claire D. Meyer

Brown, Hay & Stephens, LLP
Claire Meyer

is an attorney in the law firm of Brown, Hay & Stephens, LLP in Springfield, Illinois. She practices in the areas of business law, civil litigation and estate planning, probate and trusts. Ms. Meyer earned her B.S. degree from the Southern Illinois University Edwardsville and her J.D. degree from University of Illinois College of Law.

Speaker bio
Melissa Johnson

Melissa Johnson

Generation Law, Ltd.
Melissa Johnson

is a partner with Generation Law, Ltd. with offices in Elmhurst and Oak Park. She has handled hundreds of contested motions and trials throughout her career. Ms. Johnson's focus is on contested probates and guardianships for disabled adults with an emphasis on citation proceedings involving the financial exploitation of the elderly and presumptively void transfers. In addition, she vigorously represents clients in the areas of trust litigation, including land trusts, elder law, estate planning, and estate administration. Ms. Johnson is the immediate past president of the Illinois Chapter of the National Association of Elder Law Attorneys, where she is the current chair of the Litigative Committee, as well as serves on the Legislative Committee.  Ms. Johnson also serves on the Illinois State Bar Association's Elder Law and Trusts and Estates Committees. In addition, she is a frequent speaker for the Illinois Institute for Continuing Legal Education (IICLE) and the DuPage County Bar Association, of which she is also a member. Ms. Johnson earned her B.A. degree from DePaul University and her J.D. degree from DePaul University College of Law.

Speaker bio
Eric R Wilen

Eric R. Wilen

Brooks, Tarulis & Tibble, LLC
Eric Wilen

is an attorney with the Naperville Law Firm of Brooks, Tarulis & Tibble, LLC. His practice is focused on representing business owners and high net worth families in the areas of estate planning, business succession planning, wealth transfer planning and the administration and settlement of trusts and estates. Mr. Wilen has substantial expertise in many areas of the tax law ranging from advising start-ups on choice of entity issues, income tax issues for family controlled and closely-held entities, assisting with compliance on estate, gift and fiduciary tax returns and representing taxpayers in controversies with the Internal Revenue Service and other tax authorities. He earned his B.A. degree in finance from Michigan State University, Eli Broad College of Business. After undergraduate college, Mr. Wilen attended the Detroit College of Law (which is now known as Michigan State University College of Law), receiving his J.D. degree, cum laude. After law school, he pursued graduate legal studies at the New York University School of Law receiving an LL.M. degree in taxation. Mr. Wilen is licensed to practice in Illinois and Michigan. He has also been admitted to practice before the U.S. Tax Court and the U.S. District Court for the Northern District of Illinois. Mr. Wilen is a member of the DuPage County Bar Association, and a past president of the DuPage County Estate Planning Council. He is a frequent speaker on topics relating to the taxation of estates and trusts. Mr. Wilen is a long-time resident of Naperville and is very active in the community having served as the Board President of Senior Home Sharing, a non-profit organization, dedicated to providing seniors in DuPage County with an opportunity to live independently in affordable family-style homes. He also served as the Board Secretary for the Indian Prairie Educational Foundation, a non-profit organization, dedicated to providing enhanced educational programs for students in the Indian Prairie School District 204.

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