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Probate Process From A to Z  

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This basic level seminar will review the rules and strategies of probate that will benefit: Attorneys, Paralegals, Trust Officers, Estate Planners, Certified Financial Planners, Accountants

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Seminar Summary:

Let our experienced faculty walk you through the rules and share practical advice for situations when the statutes or codes don't provide guidance. (see full course description)

 

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Training Course Syllabus:


A Practical Walkthrough of Probate


Probate is an intricate area of law requiring precision and great attention to detail. Do you have the skills to properly wrap up an estate and ensure the last bequests are interpreted correctly? Let our experienced faculty walk you through the rules and share practical advice for situations when the statutes or codes don´t provide guidance. Review the timeline of the probate process and identify deadlines and key issues you must be aware of. Register today!



  • Hear the representative of the local probate court explain the “lay of the land” and make sure each probate is filed properly.

  • Accurately decide on the right form of probate early on to save yourself logistical troubles down the road.

  • Clarify what types of assets can pass free from probate and take advantage of all such opportunities.

  • Gain practical strategies for moving real property through probate.

  • Learn how to effectively communicate with the creditors and how to probate insolvent estates.

  • Let experienced faculty show you how to set up the file to make sure important deadlines aren´t missed.

  • Review crucial tax considerations and find out what is needed for the final tax return.

  • Uphold your impeccable reputation – clarify ethics rules governing billable and non-billable hours.

  • Gain practical tips for managing guardianships and trusts after the grantor´s death.

  • Follow the closing procedure to the letter to prevent follow-up disputes and litigation.




  1. LOCAL PROBATE COURT RULES AND PROCEDURE

    9:00 - 9:45

  2. THE INITIAL FILING

    9:45 - 10:30,


    1. When is Probate Necessary? Formal vs. Informal?

    2. What Documents to Include?

    3. Who Must and Should be Notified?

    4. The Master Timeline – Don´t Miss any Crucial Due Dates!

    5. Intra-Office Communication – Setting up the File so That Your Staff can Properly Act on It

    6. Dealing With Intestacy


  3. WHO IS THE PERSONAL REPRESENTATIVE?

    10:45 - 11:30


    1. Helping Clients Pick One

    2. Educating the PR on his/her Duties

    3. How Much is it in Your Interests and Within Ethical Bounds to Help the PR?

    4. Representing PRs in Probate Disputes/Litigation


  4. PROPER AND PRUDENT TREATMENT OF ASSETS

    11:30 - 12:30,


    1. Assess and Document Before or After the Initial Filing?

    2. Tips for Effective Marshaling of Assets

    3. Step-up Basis of Various Assets

    4. Exempted Property

    5. Requesting Decedent´s Policy Information From the Insurance Companies and Insuring Remaining Property

    6. Spousal Rights to Property

    7. Treatment of Real Property in Probate – Tenants, Mortgages, Foreclosures, Sales, etc.

    8. Business Transfers

    9. Typical Creditors and How to Deal With Them

    10. Procedures for Probating an Insolvent Estate


  5. TAX PLANNING AND CONSEQUENCES OF PROBATE

    1:30 - 2:30


    1. Crucial Due Dates Timeline

    2. Obtaining Tax Identification Numbers

    3. Matching Estate Inventory and Tax Return in Probate

    4. Filing the Final Tax Return

    5. Tax Issues Connected With Insolvency

    6. Simple Tips for Minimizing Tax Burden

    7. Tax Treatment of Trusts


  6. ETHICAL CONSIDERATIONS

    2:45 - 3:45


    1. Who is the Client? Avoiding Conflicts of Interest

    2. Tips on Dealing With the Grieving Family

    3. Keeping Your Clients in the Know – Why it Pays off and How to do it Efficiently

    4. Getting Paid: Billable/Non-Billable Hour and Retainer Agreements

    5. Preventing Unauthorized Practice of Law by Legal Staff


  7. CLOSING THE ESTATE AND OTHER ISSUES

    3:45 - 4:30


    1. The Impact of Medicaid and Other Government Programs on Probate

    2. Preparing the Final Estate Accounting

    3. Trust Administration and Termination in Probate

    4. Shopping for Probate Case Management Software

    5. Common Probate Mistakes to Avoid

    6. Property Disputes

    7. Current Legislative/Case Law Updates and Forecast


Seminar Summary:

Let our experienced faculty walk you through the rules and share practical advice for situations when the statutes or codes don't provide guidance. (see full course description)

print this agenda print agenda for the Probate Process From A to Z training seminar

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