Beyond the seemingly straight-forward basic steps of probate lies a practice fraught with minute procedural detail and logistical minefields. This in-depth analysis focuses on the toughest aspects of the practice – from post-mortem trust planning to litigation strategies – to help you excel. Refine your knowledge and skills to handle greater caseloads and confidently resolve the problems that are sure to arise. Take your probate practice to the next level – order today!

1. Post-Mortem Trust Planning
2. Preparing the Final Tax Returns and Final Accounting
3. Procedural Update and Estate Inventory
4. Handling Claims Against the Estate and Insolvency Issues
5. Maintaining an Ethical Practice
6. Preventing and Litigating Probate Disputes

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

POST-MORTEM TRUST PLANNING
8:30 - 9:45, Timothy W. Dunn Jr.

• Trust Administration and Accounting
• Timing of Trust Funding
• Potential Tax Consequences Upon the Funding of Trusts
• Modifying, Extending and Terminating Trusts
• Successor Trustee Appointments
• Preventing and Litigating Fiduciary Liability

PREPARING THE FINAL TAX RETURNS AND FINAL ACCOUNTING
9:45 - 10:45, Timothy W. Dunn Jr.

• Tax Filing Deadlines Timeline After Death
• Asset Allocation – Limiting Estate Tax Liability
• Tax Return Preparation Tips and Tricks
• Final Distributions and Closing the Estate
• Federal Estate Tax Repeal Aftermath

PROCEDURAL UPDATE AND ESTATE INVENTORY
11:00 - 12:15, Twila Mynhier Brooks

• Current Governing Laws and Recent Case Law
• Procedural and Administrative Differences Between Counties
• Probate Timeline (Supervised vs. Unsupervised vs. Small Estate Administration)
• Access to Possessions and Proof of Ownership
• Using Valuation Specialists and Analyzing Their Reports
  • Software Programs to Help Analyze Assets
  • Liability of Valuations
• Dealing With Items of Sentimental Value
• Unclaimed and Escheated Property
• Lapsed or Void Gifts

HANDLING CLAIMS AGAINST THE ESTATE AND INSOLVENCY ISSUES
1:15 - 2:30, Twila Mynhier Brooks

• Notice to Creditors – Timing and Format
• Probate and Bonds – Can Creditors Claim Against the P.R. Bond?
• Selling Property to Pay Claims
• Protecting the Estate From Predators
• Managing Insolvent Estates
• Payment of Administrative Costs When Probating Bankrupt Estate
• Tax Claims in Probate Court
• Continuing Litigation From Before Death

MAINTAINING AN ETHICAL PRACTICE
2:45 - 3:45, Steven R. Wilson

• Who is Your Client? Representing Spouses and Fiduciaries
• Client Mental Incapacity Challenges
• Maintaining Confidentiality
• Keeping the Client Informed
• Establishing and Communicating Attorneys' Fees

PREVENTING AND LITIGATING PROBATE DISPUTES
3:45 - 4:40, Richard J. Dieffenbach

• Protecting Estates Bequeathed to Charities
• Predicting and Preventing Potential Estate Disputes at the Intake
• Managing Probate Conflicts Out of Court
• Litigating Probate Matters
• Time Constraints
• Grounds
• Jurisdiction
• Procedure
• Discovery Tips and Special Evidentiary Provisions (Dead Man's Statute)
• Motions Practice
• Litigation Forms
• ADR Options
• Court Presentation Tips
• Appeals

RICHARD J. DIEFFENBACH is an attorney at the law firm of Stidham & Associates, P.S.C. in Lexington, Kentucky. His main areas of practice are estate and trust law, fiduciary law, probate, and civil litigation, having represented fiduciaries, beneficiaries, plaintiffs and defendants on a wide variety of probate issues. Mr. Dieffenbach earned his law degree from the University of Kentucky College of Law and also holds degrees from UK's Patterson School of Diplomacy and International Commerce and Eastern Kentucky University.

TIMOTHY W. DUNN JR. is an attorney with Greenbaum Doll & McDonald PLLC, where he is a member of the firm's Estate Planning, Health and Insurance Practice Group. His practice is concentrated in the areas of estate planning, small business planning, asset protection planning, and estate and trust administration. Mr. Dunn also is a member of the firm's Wealth Transfer Team. He is a board member of the Society of Financial Service Professionals and a member of the Bluegrass Estate Planning Council. He also is a member of the American, Kentucky and Fayette County bar associations. Mr. Dunn earned his B.A. degree, summa cum laude, from Eastern Kentucky University and his J.D. degree, cum laude, from the University of Kentucky College of Law.

TWILA MYNHIER BROOKS is a sole practitioner in Lexington, where her practice is devoted to estate planning, estate administration, corporate, tax and real estate law. Ms. Brooks is an adjunct professor at the College of Business, Morehead State University, and is a member of the Dickinson International Law Society. In addition, she is a member of the Fayette County, Kentucky and American bar associations, and is admitted to practice in the tax court and the U.S. Supreme Court. She earned her B.S. degree, magna cum laude, from Morehead State University and her J.D. degree from The Dickinson School of Law.

STEVEN R. WILSON is an attorney at the law firm of Stidham & Associates, P.S.C. in Lexington, Kentucky. He practices in the areas of estate and trust law, estate planning, fiduciary law, elder law, probate, real estate, construction, and general civil litigation. Mr. Wilson has represented fiduciaries, beneficiaries, plaintiffs, and defendants on a wide variety of probate issues as well as estate planning issues. He is a member of the ABA Real Property, Trust and Estate Section and a member of the Kentucky Bar Association Elder Law Committee. Mr. Wilson earned his law degree, cum laude, from the University of Louisville, Brandeis School of Law, and his undergraduate degree, summa cum laude, from Eastern Kentucky University.

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

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