Agenda

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

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