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Overview
Learn How to Handle Assets, 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. 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.
- 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
- Opening the Estate
- Preparing the Personal Representative for the Job
- Managing the Estate: Inventory, Valuations, Spousal Share, and More
- Addressing Creditor Claims
- Handling Final Accounting and Estate Closing
- Maintaining an Ethical Practice
- Resolving Disputes and Navigating Probate Litigation
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Idaho CLE |
|
6 Total | 12-19-2029 |
Select Jurisdiction
CLE
Agenda
-
Opening the Estate
- What to Do in the First 48 Hours
- Obtaining the Will and Getting it Admitted
- Locating Beneficiaries
- Qualifying the Estate for Informal Administration
- The Estate Timeline (a UPC Refresher) - What Must be Done When
- Filing the Initial Petition (Forms and Procedures)
- Initial Notices to the Public, Beneficiaries, State Agencies, Decedent's Account Custodians
- Obtaining the Estate Tax ID
- Intestate Succession
-
Preparing the Personal Representative for the Job
- Educating PRs on Their Duties, Powers, and Responsibilities
- Compiling Personal Representative Guide/Instructions
- Clarifying Executor Compensation
- Advising PRs on Potential Problems and Liability
-
Managing the Estate: Inventory, Valuations, Spousal Share, and More
- Marshalling and Valuing Decedent's Assets, Initial Inventory
- Maintenance and Management
- Claiming/Disclaiming Elective Share and Homestead Allowance
- Estate Expenses: Payment and Record-Keeping
- What to Do With the Income the Estate is Producing
-
Addressing Creditor Claims
- Issuing Notices to Creditors: What Works Best
- Validating Claims - Objections, Disallowing, Negotiating
- Determining the Priority of Creditor Rights
- Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
- Satisfying Tax Claims and Liens
-
Handling Final Accounting and Estate Closing
- Informal Closing by Statement of Personal Representative
- Compiling and Balancing the Final Account
- Final Distributions to Beneficiaries and Liability of Distributees
- Closing the Estate and Discharging the Fiduciary
-
Maintaining an Ethical Practice
- Whom do You Represent? Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Practicing Law in More Than One State
-
Resolving Disputes and Navigating Probate Litigation
- Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
- Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
- Probate Litigation Rules, Procedures, and Evidentiary Provisions
- Fiduciary Misconduct, Liability, Disputes with Beneficiaries
- 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
Speaker bio
Penelope S. Gaffney
is principal at Gravis Law, LLC in Boise, Idaho. Her practice focuses on estate planning and family law. Ms. Gaffney advocates for her clients in contested family law, guardianship, conservatorship, probate, and trust cases. She is a member of the Idaho State Bar's Trust, Taxation and Probate Section, Family Law Section, and Ethics and Professionalism Section. Ms. Gaffney is also a member of the Richard C. Fields Inns of Court and the Idaho Women Lawyers. Her proudest professional achievement has been winning the Denise O'Donnell Award for pro bono service. Ms. Gaffney earned her J.D. degree at U.C. Hastings College of Law.
Speaker bio
Peter D. Christofferson
is a shareholder of Kirton McConkie. His practice focuses primarily in the areas of real estate transactions and estate planning. Mr. Christofferson represents clients in matters related to purchasing, selling, developing, leasing, and financing real property, including residential, agricultural, commercial, and industrial properties. He also helps clients with their estate planning, routinely drafting wills, trusts, living wills, and powers of attorney. Mr. Christofferson is a past chair of the Real Property section of the Idaho State Bar and has lectured at various conferences, trade association meetings, and continuing legal education seminars on topics in real estate, finance, and estate planning. He earned his J.D. degree at Duke University School of Law and is admitted to practice in Idaho and Texas.
Speaker bio
David E. Kerrick
is a sole practitioner in Caldwell, Idaho, practicing in the areas of estate and trust, real estate, business law and mediation. He earned his B.A. degree from the College of Idaho and the University of Washington and his J.D. degree from the University of Idaho. Admitted to practice in 1980, Mr. Kerrick is past president of the Third District Bar (1985-86); past president of the Canyon County Lawyers (1985); recipient of the Idaho State Bar Outstanding Service Award (1985 & 1994); recipient of the Idaho State Bar's Professionalism Award (2009); former commissioner and past president of the Idaho State Bar (2017 - 2020); and member of the Southwest Idaho Estate Planning Council. He served six years in the Idaho State Senate, including a term as majority leader (1995-1996).
Speaker bio
Leslie K. Smith
has practiced law for more than 30 years. She is a graduate of Gonzaga Law School in Spokane, Washington, and received her B.A. degree in international relations from Lewis and Clark College in Portland, Oregon. Ms. Smith is a member of the Washington State Bar Association and Idaho State bar. She emphasizes living trusts and wills in her practice. Ms. Smith can also help with Medicaid eligibility planning, probate, and probate alternatives, as well as special needs trust planning for disabled adults or children who might be beneficiaries of one's estate. She wrote "When Mom Won't Give up the Car Keys: A Guide to Mediating Disputes Involving Seniors," which was published in The Advocate, a publication of the Idaho State Bar. Ms. Smith frequently speaks on estate planning, probate and elder law.
Speaker bio
Steven F. Scanlin
is a sole practitioner in the Scanlin Law Offices, PLLC, in Boise, Idaho, where he practices in wills, trusts and estate planning, probate, elder law, and guardianships. He wrote "A Public Retirement Plan's View of Valuation and Division of Retirement Benefits at Divorce," published by The Advocate; and has conducted continuing legal education on "Drafting Your First Will and Trust in Idaho." Mr. Scanlin earned his B.S.Ed. degree from Montana State University at Billings, his J.D. degree from the University of Idaho, and his M.S.W. degree from Portland State University. He is a member of the Idaho State Bar, the 4th District Bar, and the Idaho Guardianship and Fiduciary Association.
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