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Overview
Creditor Claims, Distributions, Tax Issues, and More!
Working through issues that arise through probate and trust administration can be daunting. Are you well-equipped with the tools you need to succeed? This insightful course will take you through steps in probate administration, including information on creditor and debt issues, tax and more. You will also get valuable insight on trust administration, including the handling of accounting, distributions and taxes. Don't miss this opportunity to hone your probate and trust administration skills - register today!
- Take a closer look at the initial steps for filing the estate.
- Discuss what needs to be done to handle creditor claims and debts.
- Make sure everything is in order for the final distribution of the estate.
- Review what issues need to be addressed concerning taxes in probate administration.
- Get the latest information on taxation concerns associated with trusts.
- Explore the different types of trusts and how they are used.
- Learn ways to manage, sell and distribute property and assets in trust administration.
- Gain a better understanding of the distinctions between trust fiduciary accounting and income tax accounting.
Abbreviated Agenda
- Probate Process and Overview
- Assets, Creditor Claims and Debt Considerations
- Distributions, Final Accounting and Closing the Estate
- Tax Issues in Probate Administration
- Trust Taxation Issues
- What You Need to Know About Trusts
- Accounting/Distributions in Trust Administration
- Ethics and Estate Administration
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| California CLE |
|
6.75 Total | 01-31-2027 |
Select Jurisdiction
CLE
Agenda
-
Probate Process and Overview
- Review of the Probate Timeline
- Forms of Administration
- Deadlines to be Aware of
- Documents Used in the Probate Process
- Information Gathering
- Laws of Intestacy
- Initial Petition and Notices
- Sample Forms, Letters and Documents
-
Assets, Creditor Claims and Debt Considerations
- Marshalling Probate and Non-Probate Assets: Key Procedures
- Properly Ensure ALL Debt is Located and Handled
- Required Public Notices to Creditors
- Priority and Payment Determinations for Claims
- Contested Claims and Prescribed Claims
- Appropriately Dealing with Creditors
- Insolvent Estates
- Sale of Assets to Satisfy Creditors
-
Distributions, Final Accounting and Closing the Estate
- Documents Needed to Close the Estate
- Proper Transfer and Timing of Distributions - Probate and Non-Probate Assets
- Distributions in Kind
- Distribution to Minors, Surviving Spouse and Trusts
- Disposition of Unclaimed Assets
- Fees for Personal Representatives and Attorneys
- Annual Accounting Requirements and Format
- Final Accounting Checklist
- Estate Closing Procedures
-
Tax Issues in Probate Administration
- State and Federal Tax Considerations
- Tax Deadlines and Extensions
- Essential Tax Forms and Returns
- Deductions and Exemptions
- Income Tax and Basis Adjustment for Decedent's Assets
- Real Property Tax Considerations
-
Trust Taxation Issues
- Tax Returns: Annual and Final
- Tax Consequences of Trustee's Actions
- Real Property Taxes
- Income Taxation
- Estate and Generation-Skipping Transfer Taxes
- Tax Consequences of Paying Retirement Benefits to Trusts
- Tax Basis in the Assets
-
What You Need to Know About Trusts
- Types of Trusts and Their Purpose
- Jurisdiction
- Duties and Powers of the Trustee
- Valuation of Assets
- Funding a Trust
- Communication with Beneficiaries
- Amending and Modifying the Trust
- Trust Administration Checklist
- Sample Forms and Documents
-
Accounting/Distributions in Trust Administration
- Notices of Proposed Actions
- Uniform Principal and Income Act
- Trust Provisions Concerning Distributions
- Managing, Selling and Distributing Property and Assets
- Investing Assets
- Distinctions Between Trust Fiduciary Accounting and Income Tax Accounting
- Determining Trustee Fees
- Communication with Creditors
- Distribution to Beneficiaries
- Trust Termination
-
Ethics and Estate Administration
- Breach of Fiduciary Responsibility
- Avoiding Conflicts of Interest
- Confidentiality
- Fee Agreements
Who Should Attend
This intermediate level online seminar is designed for professionals who want to be more effective in the probate and trust administration process, such as:
- Attorneys
- CPAs and Accountants
- Tax Professionals
- Financial Planners and Wealth Managers
- Trust Officers
- Paralegals
Speakers
Speaker bio
Dianna M. Wilke
is a sole practitioner with an office in Roseville, where she focuses her practice on estate planning, probate, and trust administration. She is certified as a specialist in estate planning, trust and probate law, by the State Bar of California Board of Legal Specialization. Ms. Wilke is a frequent lecturer on various estate planning subjects for legal associations, including the California State Bar. She is a past chair of the California State Bar Exempt Organization Committee and a member of the Trusts and Estates Section of the California State Bar. Ms. Wilke earned her B.A. degree from Arizona State University, her J.D. degree from Southwestern University School of Law and her LL.M. degree in estate planning from the University of Miami School of Law and a subsequent LL.M. degree in taxation from the University of Alabama School of Law.
Speaker bio
Kendall A. VanConas
is a partner with Arnold LaRochelle Mathews VanConas & Zirbel LLP, where her practice includes estate planning, probate and trust administration, conservatorships, and elder law. She is a specialist in estate planning, probate and trust law, as certified by the State Bar of California, Board of Legal Specialization. Ms. VanConas regularly serves as a judge pro tem in the Ventura County Superior Court, and has been actively involved with the Ventura County Bar Association (VCBA) since the early years of her practice, including service as VCBA president (2010), and as chair of the VCBA Probate & Estate Planning Section. She obtained her bachelor's degree from the University of California at Los Angeles, her law degree from Southwestern University School of Law, and her master's degree in taxation from Golden Gate University.
Speaker bio
Matthew M. O'Leary
is a founding partner of O'Leary Wallace LLP, where he practices in the areas of trusts, estates and elder law, with a special emphasis on special needs planning, conservatorships, and probate and trust litigation. Mr. O'Leary earned his B.S. degree from Sacramento State University and his J.D. degree from Santa Clara University School of Law. He is a member of the State Bar of California and the San Luis Obispo Bar Association. Mr. O'Leary is admitted to practice in California.
Speaker bio
Christine F. Beraldo
is a sole practitioner in San Jose, California, where she practices in the areas of estate planning, including trusts and estates, wills, probate and conservatorships, and criminal defense. Ms. Beraldo earned her B.A. degree from Notre Dame de Namur University and her J.D. degree from the University of Santa Clara.
Speaker bio
Neal B. Jannol
is a sole practitioner in Los Angeles at the Law Office of Neal B. Jannol. He has been an attorney for more than 20 years, and concentrates his practice on sophisticated estate and tax planning for individual clients, the representation of individual and corporate fiduciaries, and the administration of estates and trusts. Mr. Jannol's experience includes drafting revocable and irrevocable trusts, business succession planning, premarital planning, charitable gift planning, and all aspects of estate administration and probate procedures. He is a member of the State Bar of California. Mr. Jannol earned his B.A. degree, magna cum laude, from the University of California at Los Angeles and his J.D. degree from the University of California at Berkeley, Boalt Hall School of Law.
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