This one-day program will provide you with valuable information regarding problems and issues involving probate in the state of New York. Experienced professionals will present timely, practical information regarding issues you may encounter when advising clients on probate matters.
- Brief review of solemn form probate in New York
- Planning considerations - why avoid probate?
- Problems in estate administration including In Terrorem clause
- Will contests
- Closing the estate
- Estate tax basics
- Ethical considerations
8:30 a.m. - 9:00 a.m.
A. Brief Review Of Solemn Form Probate In New York
C. Probate vs. Non-Probate
9:00 a.m. - 10:00 a.m.
II. Planning Considerations – Why Avoid Probate?
A. Living Trusts v. Probate
B. Small Estate Administration
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 12:00 p.m.
III. Problems In Estate Administration
A. Notifying The Distributees Of The Decedent: Locating Distributees, Citing Unknown Distributees, And Addressing Issues Of Only One Distributee
B. Addressing Defects When Presenting A Will For Probate: Lost Wills, No Living Witnesses, And A Lack Of A Self-Proving Affidavit
C. Establishing The Domicile Of The Decedent: Evaluating Citizenship And Domicile Issues And Supervising Ancillary Probate
D. Will Contests And Settlements: Conducting 1404 Examinations, Filing Objections To Probate, Burdens Of Proof And The Effect Of In Terrorem Clauses
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Closing The Estate
A. Payment Of Commissions, Expenses, Attorneys Fees
B. Accounting And Receipt And Release Forms: Judicial v. Non-Judicial Settlements
2:00 p.m. - 3:10 p.m.
V. Estate Tax Basics
A. Federal Estate Tax And The Return
B. New York Estate Tax And The Return (Decoupling From The Federal Estate Tax)
3:10 p.m. - 3:20 p.m.
3:20 p.m. - 4:30 p.m.
VI. Ethical Considerations
A. Representing The Executor
B. Ethical Duties To The Beneficiaries
C. Attorney Draftsman As Fiduciary; As Beneficiary; As Witness