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? This pragmatic briefing will walk you through the rules and provide 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. Order today!

1. Local Probate Court Rules and Procedure Overview
2. The Initial Filing
3. Who is the Personal Representative?
4. Proper and Prudent Treatment of Assets
5. Tax Planning and Consequences of Probate
6. Ethical Considerations
7. Closing the Estate and Other Issues

Continuing Education Credits:   

* denotes specialty credits

• LOCAL PROBATE COURT RULES AND PROCEDURE
  9:00 - 9:30, J. Mark Fisher
• THE INITIAL FILING
  9:30 - 10:30, J. Mark Fisher
  • When is Probate Necessary? Formal vs. Informal?
  • What Documents to Include?
  • Who Must and Should be Notified?
  • The Master Timeline - Don't Miss any Crucial Due Dates!
  • Intra-Office Communication - Setting up the File so That Your Staff can Properly Act on It
  • Dealing With Intestacy
• WHO IS THE PERSONAL REPRESENTATIVE?
  10:45 - 11:15, J. Mark Fisher
  • Helping Clients Pick One
  • Educating the PR on his/her Duties
  • How Much is it in Your Interests and Within Ethical Bounds to Help the PR?
  • Representing PRs in Probate Disputes/Litigation
• PROPER AND PRUDENT TREATMENT OF ASSETS
  11:15 - 12:15, J. Mark Fisher
  • Assess and Document Before or After the Initial Filing?
  • Tips for Effective Marshaling of Assets
  • Step-up Basis of Various Assets
  • Exempted Property
  • Requesting Decedent's Policy Information From the Insurance Companies and Insuring Remaining Property
  • Spousal Rights to Property
  • Treatment of Real Property in Probate - Tenants, Mortgages, Foreclosures, Sales, etc.
  • Business Transfers
  • Typical Creditors and How to Deal With Them
  • Procedures for Probating an Insolvent Estate
• TAX PLANNING AND CONSEQUENCES OF PROBATE
  1:15 - 2:15, John T. Marshall
  • Crucial Due Dates Timeline
  • Obtaining Tax Identification Numbers
  • Matching Estate Inventory and Tax Return in Probate
  • Filing the Final Tax Return
  • Tax Issues Connected With Insolvency
  • Simple Tips for Minimizing Tax Burden
  • Tax Treatment of Trusts
• ETHICAL CONSIDERATIONS
  2:15 - 3:15, John T. Marshall
  • Who is the Client? Avoiding Conflicts of Interest
  • Tips on Dealing With the Grieving Family
  • Keeping Your Clients in the Know - Why it Pays off and How to do it Efficiently
  • Getting Paid: Billable/Non-Billable Hour and Retainer Agreements
  • Preventing Unauthorized Practice of Law by Legal Staff
• CLOSING THE ESTATE AND OTHER ISSUES
  3:30 - 4:30, John T. Marshall
  • The Impact of Medicaid and Other Government Programs on Probate
  • Preparing the Final Estate Accounting
  • Trust Administration and Termination in Probate
  • Shopping for Probate Case Management Software
  • Common Probate Mistakes to Avoid
  • Property Disputes
  • Current Legislative/Case Law Updates and Forecast

J. MARK FISHER has been a licensed Florida attorney since 1985 and has offices located in Pensacola, Fort Walton Beach and Panama City, Florida. Mr. Fisher has concentrated and limited his practice to the field of estate planning, probate, wills and trusts. He lectures statewide on the topics of estate planning, asset protection, avoidance of inheritance taxes and the use of the living revocable trust. He published his first book, Estate Planning for Florida Residents in 1995. He published his second book, Spending Grandma's Inheritance, in 2005, which takes a humorous yet educational look at the true-life situations and the outcomes of his clients. Mr. Fisher previously hosted a weekly radio talk show on estate planning law every Saturday for 15 years on WCOA 1370 am. He has given CLE presentations to The Florida Bar members on the following topics: Florida Elective Share Statute - Estate Planning Lawyers Beware, Escambia County Bar Association; Building the Foundation: Florida Estate Planning and Drafting Fundamentals, and Navigating the Trust Process from Start to Finish, National Business Institute . He earned his B.S. degree in finance from Florida State University School of Business and his J.D. degree from Mississippi College School of Law.

JOHN T. MARSHALL is an attorney with Fleet, Spencer & Kilpatrick, P.A. His primary areas of practice include probate, guardianship, estate planning and tax law. Mr. Marshall earned his B.S. degree from Liberty University, and his J.D. and M.Tax degrees from the University of Akron. Prior to earning his J.D. and M.Tax degrees, he worked in the insurance and financial services industry, holding multiple licenses with the state of Ohio, state of North Carolina, and the NASD. Mr. Marshall has lectured on a number of finance, insurance and legal issues for State Farm Insurance, the University of Akron and National Business Institute (since 2007). He is a member of The Florida Bar and the Okaloosa-Walton Bar Association, and is a current board member of the Emerald Coast Children's Advocacy Center, the Estate Planning Council of the Emerald Coast and the Destin Kiwanis.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com