So your client wants you to handle a probate case – do you know where to start? Do you know the proper procedures to use, as well as the law? Get detailed, step-by-step information to confidently and ably navigate the system, and gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Order today!

1. Taking the First Step: Filing an Estate in Probate Court
2. Understanding the Role of the Personal Representative in Probate
3. Managing the Inventory
4. Administering the Estate Effectively
5. Maintaining an Ethical Balance in Probate Practice
6. Determining if Spouse's Elective Share is a Reasonable Option
7. Uncovering the Laws of Intestacy and How They May Apply
8. Litigating the Case in Probate Court
9. Putting the Case to Rest: Closing the Estate

Continuing Education Credits:   

* denotes specialty credits

1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
   8:30 - 9:15, Kent Vriezelaar
   1. Small Estate - What it is and How to File
   2. Regular Estate
   3. The Estate Timetable - What You Need to Do
   4. Proving the Will
   5. Challenging the Will
2. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
   9:15 - 10:00, Kent Vriezelaar
   1. Duties of the Personal Representative
   2. Misconduct and/or Removal
   3. Compensation Guidelines
   4. Special Administration Issues
3. MANAGING THE INVENTORY
   10:15 - 11:00, Kent Vriezelaar
   1. Statutory Requirements and How They Affect Your Case
   2. Notice to Creditors, Beneficiaries and State Agencies - What is Required
   3. Collecting, Maintaining and Managing Assets
   4. Inventory Problems
4. ADMINISTERING THE ESTATE EFFECTIVELY
   11:00 - 12:00, Barbara F. Orzechowski
   1. How to Respond to Creditors' Claims
   2. Insolvency
   3. Managing the Estate Cash Responsibly
   4. Disclaimers
   5. Partial Distributions
5. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
   1:00 - 2:00, Kyle S. Irvin, John D. Mayne, Barbara F. Orzechowski and Kent Vriezelaar
   1. Performing Competent Legal Services
   2. Identifying the Client
   3. Avoiding Conflicts of Interest
   4. Distinguishing Between Privileged and Non-Privileged Communication
   5. Establishing Reasonable Attorneys’ Fees
6. DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
   2:00 - 2:30, Kyle S. Irvin
   1. Homestead Allowance
   2. How to Determine the Elective Share Estate
   3. What are Spousal Rights and Personalty?
   4. Rights of Election
   5. Step-by-Step Procedure
   6. How to Satisfy the Elective Share
7. UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
   2:45 - 3:15, John D. Mayne
8. LITIGATING THE CASE IN PROBATE COURT
   3:15 - 4:00, John D. Mayne
   1. Explanation of Rules of Probate Procedure
   2. Declaratory Judgment
   3. How to Conduct Discovery
   4. What to Do on Appeal
9. PUTTING THE CASE TO REST: CLOSING THE ESTATE
   4:00 - 4:40, Kyle S. Irvin
   1. Final Accounting
   2. Distribution of Estate to Beneficiaries
   3. Discharge of Fiduciary
   4. Tax Returns - What Needs to be Filed and When

KYLE S. IRVIN is a partner with the Sioux City law firm of Corbett Anderson Corbett & Vellinga LLP. He is engaged in the general practice of law with a large part of his practice devoted to areas of business law, estate planning, wills and trusts, probate, and real estate law. He is a member of the Woodbury County, Iowa State (member, Probate and Trusts Section and Young Lawyers Division) and Nebraska State bar associations; the State Bar of South Dakota; and the American Bar Association. He has also served on the board of the Siouxland Estate Planning Council. He earned his B.A. degree at Northwestern College and his J.D. degree at the University of Iowa School of Law.

JOHN D. MAYNE is a partner in the Sioux City law firm of Mayne Marks & Madsen Llp. He has focused his practice in the areas of civil litigation and probate law since 1976. He is a member of the Iowa Supreme Court Advisory Committee on the Rules of Civil Procedure and a fellow of the Iowa Academy of Trial Lawyers. He earned his B.A. degree at Harvard College and his J.D. degree, with honors, at Drake University School of Law. He is a member of the Iowa State Bar Association, the Iowa Defense Counsel Association and the International Association of Defense Counsel.

BARBARA F. ORZECHOWSKI is a partner of the Klass Law Firm, L.L.P., with offices in Sioux City. Her general practice has included (but is not limited to) wills, trusts, estate planning, probate law, real estate law, and business and corporate law since 1980. Ms. Orzechowski was appointed a fellow of the American College of Trust and Estate Counsel in 1998. She has served on the Probate Section of the Iowa State Bar Association for many years and was twice appointed to a three-year term on the Probate Section Council. Ms. Orzechowski previously served on the Iowa Supreme Court Grievance Commission and the Iowa Supreme Court Probate Rules Committee. She is also a long time member of the Siouxland Estate Planning Council and has spoken to lawyers and other groups on a variety of topics in the areas of estate planning and probate. She earned her B.F.A. degree at Drake University and her J.D. degree at the University of South Dakota School of Law.

KENT VRIEZELAAR is a partner in the Sioux City law firm of Vriezelaar, Tigges, Edgington, Bottaro, Boden & Ross, L.L.P. He handles all types of business and tax matters, including corporate planning and implementation; income, estate and gift tax planning and coordination; acquisitions, sales and mergers; contracts; partnership and limited liability company law; ERISA, pension, employee benefits and executive compensation; commercial and creditors' rights law; probate and trust matters; and litigation involving employment, ERISA, tax, probate and contract disputes. Mr. Vriezelaar is a member of the Litigation Section of the American Bar Association, the Tax and Law Practice Management sections of the Iowa State Bar Association, and the Technology and Legal Forms committees of the Iowa State Bar Association. He is a frequent speaker at legal seminars and is named in The Best Lawyers in America in the category of employee benefits. Mr. Vriezelaar earned his B.B.A. degree at the University of Iowa and his J.D. degree, with honors, at the University of Iowa School of Law.

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

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Phone: 866-240-1890

Email: credit@nbi-sems.com