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Asset-Based Guide to Probate  

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This basic-to-intermediate level seminar is designed for: Attorneys, Paralegals, Accountants and CPAs, Trust Officers, Certified Financial Planners, Investment Advisers

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Seminar Summary:

This detailed guide will help you prepare for any eventuality when probating an estate. (see full course description)

 

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Training Course Syllabus:


Asset-Based Guide to Probate - Probate Law Seminar

Confidently Administer Decedents’ Assets in Probate

Administering an estate requires impeccable attention to detail, a firm grasp of probate court procedures and a deep understanding of how assets are held, moved and taxed. This detailed guide will help you prepare for any eventuality when probating an estate. Hone your craft - register today!

  • Walk through the probate procedure and get a firm timeline of events.
  • Learn what assets are excluded from probate and how to maximize the use of these exceptions.
  • Get detailed instructions for handling all forms of real estate ownership in probate.
  • Find new ways of maximizing spousal share deductions.
  • Find out what to do with property that cannot be sold.
  • Adapt new post-mortem planning techniques.
  • Analyze each element of an effective final accounting to prevent reopening estates.
  • Clearly identify your client with real-life scenarios, and stay firmly within legal ethics bounds.


  1. THE PROBATE PROCESS
    9:00 -9:50, James Bart Leonardi
    1. Alternatives to Full Probate
      1. Small Estates Affidavit
      2. Simplified Administration
      3. Informal Probate
      4. Refusal of Letters
      5. Determination of Descent
    2. Formal Probate Procedure
    3. The Initial Filing
    4. Estate Timeline
    5. Notices to Beneficiaries and Creditors
    6. The Role of the Estate Representative
      1. Who Can Be an Executor?
      2. Duties, Powers and Liability
    7. Proving and Challenging the Will
  2. ESTATE ASSETS
    9:50 - 10:50, Amy L. Papesh
    1. Locating Assets
    2. Determining Title to Assets
    3. Taking Possession of Assets and Accessing Decedent's Accounts
    4. Management for the Duration of Proceedings
    5. Business Interests: When are Business Interests NOT Part of the Estate?
    6. Post-Death Governance of Business Owned by Decedent
    7. Post-Mortem Transfer Planning
    8. Tax Options and Compliance
    9. Creditor Claims and Medicaid Estate Recovery
    10. Post
  3. NON-PROBATE ASSETS
    11:05 - 12:00, Amy L. Papesh
    1. Determining the Spouse's Elective Share
    2. Assets Held Jointly or as Tenants in Common/TODs
    3. Beneficiary Designation Accounts
      1. Life Insurance
      2. Retirement Accounts (401(K), IRAs)
      3. What Happens if the Beneficiary Dies Before the Grantor, and There's No Secondary Beneficiary? TOD/POD Accounts
    4. Trusts
    5. How Non-Probate Assets Can End Up in Probate and What to Do About It
    6. Tax Planning and Reporting
  4. REAL ESTATE IN PROBATE
    1:00 - 1:30, Mark C. Pirozzi
    1. Who Can Convey Title to Real Estate?
    2. Executing Simple Deed Transfers
    3. Sale of Real Property in Probate
    4. Valuation - Handling Drastic Changes in Value
    5. Management of Property during Probate Proceedings
    6. Real Property Held in a Trust (QPRT or Other)
  5. UNIQUE ASSETS
    1:30 - 2:00, Mark C. Pirozzi
    1. Antiques
    2. Art
    3. Online Accounts
    4. Specific Valuation Considerations
    5. Taxation of Unique Assets
    6. Property that Cannot Be Sold
  6. ETHICS
    2:00 - 3:00, James Bart Leonardi
    1. Who is Your Client? Dealing with All Interested Parties
    2. Conflicts of Interest
    3. Attorney Fees
    4. Fiduciary Liability
    5. Privileged vs. Non-Privileged Communications
  7. PROPERTY IN OTHER STATES - ANCILLARY PROBATE
    3:15 - 3:40, Michele K. Keith
  8. FINAL ACCOUNTING AND TAX RETURNS - CLOSING THE ESTATE
    3:40 - 4:30, Michele K. Keith
    1. Final Accounting
      1. Duties
      2. Form
      3. Waiver
      4. Failure to File Account
      5. Personal Representative Liability
      6. Notice and Hearing
    2. Distribution of Estate to Beneficiaries
      1. Notice and Hearing
      2. Order for Final Distribution
    3. Discharge of Fiduciary
      1. Order
      2. Reopening the Estate
    4. Tax Returns - What Needs to be Filed and When
      1. Income Tax
        1. Form 1040
        2. Form 1041
      2. Gift, Estate and Other Taxes - State and Federal

Seminar Summary:

This detailed guide will help you prepare for any eventuality when probating an estate. (see full course description)

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