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:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

• THE INITIAL FILING
  9:00 - 9:45, Thomas E. Dietz
• 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?
  9:45 - 10:15, Thomas E. Dietz
• 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
  10:30 - 12:00, Stephen E. Diamond
• 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
  1:00 - 2:15, Stephen E. Diamond
• 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
  2:30 - 3:30, Thomas E. Dietz
• 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, Stephen E. Diamond
• 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

STEPHEN E. DIAMOND is an attorney with Vergilis, Stenger, Roberts, Davis & Diamond, LLP, where he practices primarily in the areas of estate planning, business formation and transactions, and elder law issues. He frequently lectures on topics of estate and retirement planning and elder law issues. Mr. Diamond is a charter member and past president of the Financial Planning Association of the Hudson Valley, and a member of the National Association of Elder Law Attorneys. He is also a member of the Dutchess County, Massachusetts and New York State bar associations, and The Florida Bar. Mr. Diamond earned his B.S. degree from Marist College, his J.D. degree from Pepperdine University at Malibu and his LL.M. degree from the University of Florida at Gainesville.

THOMAS E. DIETZ is a partner in the Poughkeepsie law firm of Dietz & Dietz, LLP, where his areas of practice include trusts, estates, wills and real estate. He is a frequent speaker on probate and estate administration topics. Mr. Dietz earned his B.A. degree from St. Bonaventure University and his J.D. degree from Albany Law School. He is a member of the Dutchess County Bar Association and the New York State Bar Association.

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