TN Specific

Trusts, Estates & Probate

4.54

Tennessee Probate Process: In 7 Simple Steps

Credits Available
Credit Status Total
Tennessee CLE Approved 6 Total
OnDemand
5 hours 53 minutes
Arthur Fowler
Mitchell Lansky
Frank Steiner
Christina McConnell
Adam Haselsteiner
Paul Parker
With Arthur M. Fowler III from Fowler Baker Shade PLLC + 5 others
Recorded December 10, 2024
Product ID 99336

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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 Final Accounting and Estate Closing
  7. Resolving Disputes and Navigating Probate Litigation
  8. Maintaining an Ethical Practice
Product ID 99336

Credit Details

Credits Available
Credit Status Total
Tennessee 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
    8. Tax Returns and Deadlines-Estate and Income, State and Federal, Decedent's and the Estate's
  6. Handling Final Accounting and Estate Closing

    1. Informal Closing by Statement of Personal Representative
    2. Compiling and Balancing the Final Account
    3. Final Distributions to Beneficiaries and Liability of Distributees
    4. Closing the Estate and Discharging the Fiduciary
  7. 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
  8. 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

Who Should Attend

This basic level online seminar is designed for:

  • Attorneys
  • Accountants
  • Tax Professionals
  • Trust Officers
  • Executors and Other Fiduciaries
  • Paralegals

Speakers

Arthur M Fowler III
Arthur M.
Fowler, III
Fowler Baker Shade PLLC
Mitchell I Lansky
Mitchell I.
Lansky
The Lansky Law Firm
Frank J Steiner
Frank J.
Steiner
Frank Steiner Law, PC
Christina D McConnell
Christina D.
McConnell
Rainey Kizer Reviere & Bell PLC
Adam Haselsteiner
Adam
Haselsteiner
Page & Cook, PC
Paul S Parker
Paul S.
Parker
Dodson Parker Behm and Capparella PC
Speaker bio
Arthur M Fowler III

Arthur M. Fowler, III

Fowler Baker Shade PLLC
Arthur Fowler

is an attorney with Fowler Baker Shade PLLC in Johnson City, Tennessee. He focuses his practice on probate, estate planning, land disputes, and commercial litigation. Mr. Fowler graduated from Hampden-Sydney College with his B.A. degree, after which he attended Macquarie University in Sydney, Australia and obtained a Post Graduate Diploma in accounting. Upon returning to Tennessee, he attended The University of Memphis, Cecil C. Humphreys Law School, graduating cum laude with his J.D. degree.

Speaker bio
Mitchell I Lansky

Mitchell I. Lansky

The Lansky Law Firm
Mitchell Lansky

is a member of the Lansky Law Firm in Memphis. He has practiced for more than 30 years, mainly in the areas of estate planning, elder law and corporate/transactional law. Mr. Lansky earned his B.S.B.A. degree from the University of Florida, his J.D. degree from Cumberland School of Law-Samford University and his LL.M. degree in taxation from Washington University. He is also a member of Lawyers With Purpose, a collection of attorneys throughout the U.S. focusing in elder law. Mr. Lansky speaks often to diverse groups concerning estate planning, and especially elder law.

Speaker bio
Frank J Steiner

Frank J. Steiner

Frank Steiner Law, PC
Frank Steiner

is an attorney at law with Frank Steiner Law, PC in Nashville, Tennessee, where he practices in the areas of probate, probate litigation, wills and estates, employment law, and corporate and business law. He earned his B.A. degree from the University of Kentucky, and his M.S. degree, from the University of Memphis. In addition to his J.D. degree from South Texas College of Law, Mr. Steiner has a Ph.D. degree from Indiana University. He is admitted to practice in Tennessee courts, Federal Middle District of Tennessee, Federal Eastern District of Tennessee and the U.S. Court of Appeals for Sixth Circuit.

Speaker bio
Christina D McConnell

Christina D. McConnell

Rainey Kizer Reviere & Bell PLC
Christina McConnell

is an attorney at Rainey Kizer Reviere & Bell PLC in the firm's business group. She graduated magna cum laude from the University of Memphis Cecil C. Humphreys School of Law. During this time, Ms. McConnell served as an extern for the Honorable Judge Thomas L. Parker at the U.S. District Court for the Western District of Tennessee. While in law school, she worked on the University of Memphis Law Review Editorial Board as an articles editor and was an advocate on the ABA National Travel Team. Additionally, Ms. McConnell was research assistant to Professor Ralph Brashier. She earned her Bachelor of Arts in political science from Union University, magna cum laude. Ms. McConnell is admitted to practice law in Tennessee.

Speaker bio
Adam Haselsteiner

Adam Haselsteiner

Page & Cook, PC
Adam Haselsteiner

is an attorney at Page & Cook, PC, where he focuses his practice primarily on family law. He has additional experience estates and personal injury. Mr. Haselsteiner earned his B.S. degree in philosophy from East Tennessee State University and his J.D. degree from Charlotte School of Law. He is admitted to practice law in Tennessee.

Speaker bio
Paul S Parker

Paul S. Parker

Dodson Parker Behm and Capparella PC
Paul Parker

is a shareholder in the Nashville law firm of Dodson Parker Behm and Capparella PC, practicing in the areas of estate planning and probate, tax, small business, and corporation law. He has been practicing law for more than 30 years. Mr. Parker started his legal career as a tax attorney with the accounting firm of Ernst & Young, and then worked in the Trust Department of Commerce Union Bank (now Bank of America). He sits on tax committees for the Tennessee and Nashville bar associations. Mr. Parker earned his B.A. degree, cum laude, from Cornell College and his J.D. degree from Vanderbilt University.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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