Trusts, Estates & Probate

4.27

Complex Probate Assets Problems - Solved

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 5.75 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
6 hours
Thomas Murphy
Edwin McClure
Cherish De La Cruz
Johnny Akers
Elizabeth Johnson
Thomas Grover
With Thomas J. Murphy from Murphy Law Firm, Inc. + 5 others
Recorded November 19, 2024
Product ID 99343

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Overview

Tackle Thorny Issues From Locating Assets Through Estate Closing

Probate assets are a snake pit of legal risks. Are you prepared for unscrupulous executors, rare assets, cryptocurrency, ailing family businesses, and more? This focused legal guide will help you make sure your handling of the estate's assets is impeccable. Identify red flags, prevent mismanagement, and ensure accurate value and timely tax compliance. Be prepared - register today!

  • Streamline and error-proof inventories and final accounts.
  • Reign in executors gone rogue.
  • Untangle unique real property and title issues.
  • Properly probate out-of-state property.
  • Stay up to date on digital assets in probate.
  • Prevent creditor claim mistakes.
  • Troubleshoot probate ethics.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Louis Silverman.

Abbreviated Agenda

  1. Inventory: Problems Locating, Classifying, Securing, and Recording the Assets
  2. Personal Representative Gone Rogue
  3. Estate Management, Creditor, and Final Accounting Mistakes
  4. Legal Ethics Mistakes in Probate
  5. Real Estate Issues: Titles, Income-Producing Property, Sale of a Home, etc.
  6. Digital Assets Problems
  7. Property in Other States, Ancillary Probate
  8. Family Businesses in Probate
  9. Tax and Valuation Mistakes

Related Topics

Product ID 99343

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 5.75 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Inventory: Problems Locating, Classifying, Securing, and Recording the Assets

    1. Probate vs. Non-Probate Assets: Gray Areas
    2. Jointly Owned Real Property
    3. Enforcing the Wishes of the Deceased Regarding Specific Items
    4. What Constitutes "Located on and Around the Property?"
    5. Early Inventory Mistakes That Lead to Final Accounts That Don't Balance

  2. Personal Representative Gone Rogue

    1. PRs Missing Deadlines, Going MIA
    2. Estate Mismanagement and Fraud Issues
    3. Creating a Paper Trail of Your Attempts to Contact, Advise
    4. Obtaining Order to the Personal Representative
    5. PR Removal and Replacement
    6. Withdrawing Representation

  3. Estate Management, Creditor, and Final Accounting Mistakes

    1. Secured Debt vs. Unsecured Debt: Paying Unsecured Debts Before All the Claims are in
    2. Dealing With Large Institutional Creditors
    3. Using the Estate Sale Company: Pros, Cons, Liabilities
    4. Estate Recordkeeping Mistakes
    5. Insolvent Estates
    6. Issue-Spotting in Final Accountings

  4. Legal Ethics Mistakes in Probate

    1. Making it Clear to Third Parties Whom You Represent
    2. Attorneys Acting as Fiduciaries
    3. Guarding Confidentiality

  5. Real Estate Issues: Titles, Income-Producing Property, Sale of a Home, etc.

    1. Securing Real Estate
    2. Making Improvements to Property to Maximize the Value of the Estate
    3. Managing Income-Producing Properties and Recording the Income
    4. Potential Title Problems

  6. Digital Assets Problems

    1. Ensuring Fiduciary Access to Digital Assets
    2. Locating Missing Passwords and Accounts: Working With Account Custodians
    3. Cryptocurrency: Locating, Valuing, Classifying
    4. New Lost IRAs Location Database
    5. Estate Planning Tips to Prevent Future Probate Troubles

  7. Property in Other States, Ancillary Probate

  8. Family Businesses in Probate

    1. How to Keep the Business Alive During and After Probate
    2. Who Can Be Appointed Manager?
    3. Business Valuation Mistakes
    4. Commingled Assets
    5. When Business Succession Plans Clash With Estate Planning Documents
    6. Appointing a Special Business Trustee
    7. Unusual Businesses (Farms, Natural Resources, etc.)

  9. Tax and Valuation Mistakes

    1. Misunderstanding What the Asset is, Overlooking Hidden Gems
    2. Not Knowing When to Hire a Valuation Specialist
    3. Not Reserving Enough Funds to Pay the Final Tax Returns
    4. Basis Step-Up Mistakes
    5. Final Tax Return Problems
    6. Mistakes in Communicating With the IRS
    7. Ignoring the Decedent's Accountant

Who Should Attend

This legal course is designed for attorneys. Accountants, tax professionals, fiduciaries, and paralegals will also benefit.

Speakers

Thomas J Murphy
Thomas J.
Murphy
Murphy Law Firm, Inc.
Edwin N McClure
Edwin N.
McClure
Matthews, Campbell, Rhoads, McClure & Thompson, P.A.
Cherish De La Cruz
Cherish
De La Cruz
Manely Law Firm, P.C.
Johnny P Akers
Johnny P.
Akers
Law Center of Akers & Esser
Elizabeth H Johnson
Elizabeth H.
Johnson
SPENCE | BRIERLEY, PC
Thomas R Grover
Thomas R.
Grover
BlackRock Legal
Speaker bio
Thomas J Murphy

Thomas J. Murphy

Murphy Law Firm, Inc.
Thomas Murphy

is an attorney located in the Ahwatukee area of Phoenix. His practice emphasizes estate planning, elder law (including nursing home issues), all probate matters (including contested matters and guardianships), and tax controversies. Mr. Murphy has regularly appeared before the Arizona Court of Appeals, litigating many of the cutting-edge appellate cases in probate law. He has successfully litigated cases in the U.S. Tax Court, Arizona Tax Court, and the Arizona Board of Tax Appeals. Mr. Murphy is a member of the National Academy of Elder Law Attorneys, State Bar of Arizona (Tax Law, Probate and Trust Law, Mental Health and Elder Law sections), and the Arizona Medicaid Planning Council. He serves on the Advisory Board of the Phoenix Tax Workshop and the Editorial Board of NAELA News. Mr. Murphy graduated from Tufts University, with honors, and earned his J.D. degree from Suffolk University Law School.

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Speaker bio
Edwin N McClure

Edwin N. McClure

Matthews, Campbell, Rhoads, McClure & Thompson, P.A.
Edwin McClure

is the managing partner in the Arkansas law firm of Matthews, Campbell, Rhoads, McClure & Thompson, P.A., where he practices in the areas of divorce, guardianships, child custody, probate, estate planning, criminal, real estate, landlord tenant, and evictions law. Mr. McClure has spoken extensively on topics related to his areas of practice. He is a member of the Benton County and American bar associations. Mr. McClure is admitted to the Arkansas and New York State bar associations and The Missouri Bar. He earned his B.A. degree from Simpson College and his J.D. degree from the University of Arkansas School of Law.

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Speaker bio
Cherish De La Cruz

Cherish De La Cruz

Manely Law Firm, P.C.
Cherish De La Cruz

is a managing attorney with The Manely Firm P.C. in the firms estate planning and probate department. She designed her practice to include both estate planning, probate and small business law because she understands how much overlap there is in these areas - especially for first- and second-generation American families. Ms. De La Cruz was initially inspired to pursue estate planning in 2013 after losing her aunt to appendix cancer. While taking care of her aunt's affairs, she realized first-hand the stress and hardship that is created when a loved one passes away and they do not have a comprehensive and customized plan. It is even more complicated when they are a small business owner. Today, this personal perspective and her extensive background in investments and life insurance, guides her firm's estate planning process. Leadership in the community is also a key value of hers. That is why Ms. De La Cruz is actively involved in several non-profit organizations; recently graduating from the Catholic Charities Atlanta Leadership Class, serving as past president of the Georgia Asian Pacific American Bar Association, founding board member of the Exit Planning Exchange Atlanta (2019-2020), Leadership Gwinnett Class of 2019, chair of Elder Law Section of the Atlanta Bar Association (2019-2020), and Mosaic Georgia. She dedicates her time to serving and educating small businesses, families, and the larger community about the estate and business planning process so that her wonderful clients can truly take charge of their life and legacy, knowing that they have done everything in their power to protect their loved ones.

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Speaker bio
Johnny P Akers

Johnny P. Akers

Law Center of Akers & Esser
Johnny Akers

is a managing partner of the Law Center of Akers & Esser, located in Bartlesville, Oklahoma. The Law Center of Akers & Esser specializes in tort and contract litigation. Aside from handling numerous personal injury cases, Mr. Akers has also litigated complex civil cases including pipeline explosions to physical, civil rights violations, employment contracts, and sexual assault and battery of minor children. Mr. Akers worked for the Kansas Insurance Department while receiving his J.D. degree from Washburn University School of Law. His office practice also includes advice to clients in regard to business planning, real and personal property issues, and estate planning. Mr. Akers is licensed to practice in the state of Oklahoma in both the state district courts, as well as the federal district courts. He has been admitted to practice in the Federal Court for the Western District of Texas as well. Recently, Mr. Akers made oral arguments on behalf of a client he represented before the Tenth Circuit Federal Court of Appeals in Denver. He also provides pro bono work for many churches, educational and nonprofit organizations. Mr. Akers' resume includes being an adjunct professor, National Business Institute faculty member, and a requested guest lecturer regarding the practice of law.

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Speaker bio
Elizabeth H Johnson

Elizabeth H. Johnson

SPENCE | BRIERLEY, PC
Elizabeth Johnson

is a senior associate with SPENCE | BRIERLEY, PC, where she focuses on the areas of estate, trust, and fiduciary litigation, as well as estate administration, and probate law. She is a member of Baltimore County Bar Association, Anne Arundel Bar Association, Maryland State Bar Association, as well as Association of Certified Fraud Examiners, International Association of Document Examiners, Anne Arundel Estate Planning Counsel, and Baltimore County Provider Council (professional community dedicated to improving lives of older adults). Ms. Johnson earned both her B.A. and J.D. degrees from the University of Illinois. She is admitted to practice in the state of Maryland.

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Speaker bio
Thomas R Grover

Thomas R. Grover

BlackRock Legal
Thomas Grover

is an attorney with BlackRock Legal, where he aggressively litigates trust, probate and other civil disputes. He is one of the most frequent litigators to appear each Friday in Clark County Probate Court. Mr. Grover also advises families through non-litigated probate administration. He is admitted to practice in Nevada and before the Nevada Supreme Court and the U.S. District Court for the District of Nevada. Mr. Grover is a member of the State Bar of Nevada. He earned his B.S. degree from Utah State University and J.D. degree from the University of Nebraska College of Law.

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