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Live Seminar

The Ultimate Guide to Probate

Seminar

Date:

Thursday, June 15, 2017

Time:

8:30 AM - 4:40 PM

Product ID#:

75372ER

Location:

Holiday Inn Express Civic Center
100 Civic Center Dr
Charleston, WV 25301

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 8.00

CPE for Accountants

  • CPE for Accountants/NASBA - 8.00

Other

  • Financial Planners - 8.00
  • IACET - 0.70
  • PACE - 8.00
  • NALA - 6.50
  • NFPA

Program Description

Your Comprehensive Probate Guide - with an Eye on the Assets

Probate practice is becoming an increasingly marketable skill due to the aging population and clients' reliance on competent attorneys and other professionals who can smoothly guide them through the procedures. In this seminar, our esteemed faculty will provide you with not only an understanding of the step-by-step probate process, but also with a hard-won knowledge for managing issues regarding executors, creditor claims, inventory/accounting, beneficiary distributions and closing the estate. Enhance your practice - register today!

  • Navigate the probate process with ease in our practical, step-by-step walkthrough.
  • Accurately identify, value, prepare and distribute probate assets.
  • Pick up best practices for handling creditor notices and claims.
  • Find out how to deal with non-cooperative executors, beneficiary disputes, assets in the possession of others and other sticky issues.
  • Gain tips for navigating through tax forms so you can make strategic, money-saving decisions quickly.
  • Learn how to successfully balance the final account and close the estate.

Who Should Attend

This basic-to-intermediate level probate program is for:

  • Attorneys
  • Accountants
  • Enrolled Agents
  • Paralegals
  • Trust Officers
  • Financial Planners
  • Tax Managers/Consultants
  • Auditors/Treasurers

Course Content

  1. The Probate Process Explained
  2. Interested Witnesses and Will Contests
  3. Inventory and Satisfying Creditor Claims
  4. Maintaining the Estate and Preparing Assets for Distribution
  5. Tax Deadlines and Preparing, Coordinating and Filing Returns
  6. Beneficiary Distributions, Final Account and Closing of the Estate
  7. Ethical Practice Considerations and Concerns in Probate

Continuing Education Credit


Continuing Legal Education – CLE: 8.00 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of Legal Assistants, Inc. – NALA: 6.50 *

National Association of State Boards of Accountancy – CPE for Accountants: 8.00 *

National Federation of Paralegal Associations, Inc. – NFPA

Professional Achievement in Continuing Education – PACE: 8.00 *

* denotes specialty credits

Agenda / Content Covered

  1. The Probate Process Explained
    8:30 - 9:30, Written and Presented by J. Patrick Jones Jr. in Morgantown and Charleston.
    1. Initial Considerations and Steps
    2. Roles and Responsibilities
    3. Situs and Ancillary Probate
    4. Forms of Administering an Estate
    5. Laws of Intestacy and Heirship
    6. Exceptions to Succession: Blended Families and More
    7. Executor Appointment and Taxpayer ID Number
    8. Filing Petition to Admit Will to Probate
    9. Notice to Interested Parties
    10. Waivers and Consents Rejections
    11. How to Manage the Non-Professional Executor
    12. Lost Wills, Partial Revocations, and Trends in Will and Trust Contests
  2. Interested Witnesses & Will Contests
    9:30 - 10:30, Written and Presented by William H. Scharf in Morgantown and Charleston.
    1. Wills: Distinguishing Between Probate and Non Probate Assets
    2. Calling Attesting Witnesses
    3. Will-Saving Statutes
    4. Supernumeraray Witnesses
    5. Non-Attesting Witnesses
  3. Inventory and Satisfying Creditor Claims
    10:45 - 11:45, Written by Anna M. Price. Presented by J. Patrick Jones Jr. in Morgantown and Anna M. Price in Charleston.
    1. Strategies for Discovering Assets in the Modern Age
    2. Dealing with Digital Accounts and Assets
    3. Identifying and Valuing Assets
    4. Reporting Assets on the Appraisement and Nonprobate Inventory Forms
    5. Identifying Possible Creditors and Giving Actual Notice
    6. Creditor Priorities
    7. Insufficient Assets and Abatement
    8. What Should I be Doing During the Creditor Claims Period?
  4. Maintaining the Estate and Preparing Assets for Distribution
    12:45 - 1:30, Written and Presented by J. Patrick Jones Jr. in Morgantown and Charleston.
    1. Recordkeeping for the Duration of Probate
    2. Handling Non-Divisible/Joint Assets
    3. Rules Regarding Probate Sales of Real Property
    4. Tax Implications for Sales of Property
  5. Tax Deadlines and Preparing, Coordinating and Filing Returns
    1:30 - 2:30, Written by C. Page Hamrick III. Presented by Joshua S. Rogers in Morgantown and C. Page Hamrick III in Charleston.
    1. Selection of the Tax Year
    2. When to File Form 1041/Estate Income Tax Return
    3. Portability: Should You File Form 706?
    4. Allocating Items That are Deductible on the 1041/Final 1040/706
    5. Passive Activity Losses and Basis Adjustments
    6. Reporting of Transfers on Schedule G and Life Interests
  6. Beneficiary Distributions, Final Account and Closing of the Estate
    2:45 - 3:40, Written by Joshua S. Rogers. Presented by Joshua S. Rogers in Morgantown and Andrew L. Ellis in Charleston.
    1. Partial Distributions, Disclaimers and Divestment Traps
    2. Mitigating Distribution-Related Tax Consequences
    3. Recovering Assets in the Hands of Others
    4. Settling Disputes with Beneficiaries
    5. Covering Your Assets: Getting Receipts Signed
    6. Classification of Expenses on the Final Account
    7. Balancing the Final Account: Common Mistakes
    8. Extending, Closing and Re-Opening an Estate
  7. Ethical Practice Considerations and Concerns in Probate
    3:40 - 4:40, Written by Andrew L. Ellis. Presented by William H. Scharf in Morgantown and Andrew L. Ellis in Charleston.
    1. Who is Your Client?
    2. Rules of Professional Conduct
    3. Establishing Reasonable Attorney and Paralegal Fees
    4. Attorneys' Obligations to Executor and Opposing Parties
    5. Ethical Risks of Attorneys Serving as Executors
    6. Attorneys or Attorneys' Relatives Named as Beneficiaries
    7. Mock Ethical Scenarios and Recommended Solutions

ANDREW L. ELLIS is an attorney with Wooton, Davis, Hussell & Ellis, PLLC. Mr. Ellis leverages a thorough understanding of estate and trust law with extensive experience handling taxation matters to help clients navigate the complex regulations of estate planning and administration. He represents both institutions and individuals in a variety of matters, including transfer of wealth and business succession plans, as well as personal and professional business planning and guidance. His comprehensive knowledge of state and federal income tax matters has enabled him to work with a number of non-profit organizations, advising them through their formation all the way through to procuring their tax exemption status, including the application process. Additionally, his experience working with businesses of all sizes, as well as his knowledge of evolving tax legislation, allow him to offer proactive counseling and planning advice to clients to help achieve their goals and objectives while mitigating their risk along the way. When litigation becomes necessary, Mr. Ellis has extensive litigation experience in will contests and misappropriation of funds cases, utilizing his knowledge of estate and trust law to help clients reach successful resolutions. He also handles general litigation matters for clients, ranging from breach of contract matters to real estate disputes. Mr. Ellis has handled various types of litigation matters throughout the state of West Virginia. He is a member of The West Virginia State Bar (Probate Committee) and the Charleston Estate Planning Council. He earned his B.A. degree from West Virginia Wesleyan College, his J.D. degree from the University of Denver College of Law, and his LL.M. degree from the University of Denver. (Charleston location)

C. PAGE HAMRICK III, J.D., CPA, is the principal of the Charleston law firm of C. Page Hamrick III, Attorney at Law. Mr. Hamrick has concentrated his practice in the areas of divorce law, tax and corporate estate law. He has served as a family law master, as assistant attorney general, as counsel to the West Virginia Legislature and as a hearing officer for numerous state agencies. Mr. Hamrick is a certified public accountant and frequently writes and speaks on state and federal taxation topics as they relate to divorce. He has testified as an expert witness in matters involving federal and state tax, financial analysis and real estate. Mr. Hamrick is a member of The West Virginia State Bar, the American Association of Attorney-CPAs and the West Virginia Society of Certified Public Accountants. Mr. Hamrick regularly teaches tax and law courses at Marshall University and has taught accounting at West Virginia University-Tech. He earned his B.S.B.A. and J.D. degrees from West Virginia University, and his M.B.A. degree from the Marshall University (formerly WVCOGS). (Charleston location)

J. PATRICK JONES JR. is an attorney with Campbell Woods, PLLC. His main areas of practice include trusts and estates, including estate planning and administration, property, bankruptcy, general business, and secured transactions. Mr. Jones is a member of the Energy and Mineral Law Foundation, Federalist Society, and Greater Huntington Estate Planning Council. He earned his B.S. degree from Marshall University in ecology and evolutionary biology and his J.D. degree from West Virginia University College of Law, Order of the Coif. Mr. Jones is admitted to the West Virginia Supreme Court of Appeals, U.S. District Court for the Southern and Northern districts of West Virginia, Supreme Court of Ohio and U.S. District Court for the Southern District of Ohio. (Charleston and Morgantown locations)

ANNA M. PRICE is an attorney with Jenkins Fenstermaker, PLLC. Ms. Price has devoted the majority of her practice to all aspects of estate planning, estate administration, and probate litigation. Representing corporate and individual clients in various financial brackets, her practice has ranged from simple planning to complicated tax planning. Ms. Price is an associate attorney in the firm's wills, trusts, and estates group. She received her B.A. degree from Marshall University and her J.D. degree from West Virginia University College of Law. Ms. Price is a member of the American Bar Association, the Charleston Estate Planning Council the Huntington Estate Planning Council, the West Virginia State Bar Elder Law Committee, the West Virginia State Bar Probate Committee, The Recovery Point of West Virginia (Board of Directors) and the Mountaineer Spina Bifida Camp (Board of Directors). (Charleston location)

JOSHUA S. ROGERS is a partner with Dinsmore & Shohl LLP. He is a member of the corporate department whose practice focuses on family wealth planning, asset protection planning, probate, profit and nonprofit business formation and organization, business succession planning, and litigation. Mr. Rogers has experience in representing both individual and institutional clients in various types of civil litigation including will contests, will and trust construction actions, family and probate disputes, real property rights, action to quiet title to minerals, corporate and partnership disputes, and federal and state taxation appeals. He is licensed and represents clients in both West Virginia and Pennsylvania. Mr. Rogers is a member of the West Virginia State Bar, Pennsylvania Bar Association, American Bar Association, Monongalia County Bar Association, Monongalia County Literacy Volunteers (president, Board of Directors), Leadership Monongalia, North Central West Virginia Estate Planning Council (president, Board of Directors) and Senior Monongalias (Board of Directors). He received his B.S.B.Ad. degree, summa cum laude, University Honors Scholar, from West Virginia University; and his J.D. degree from West Virginia University College of Law, where he was Order of the Coif. (Morgantown location)

WILLIAM H. SCHARF is a Charleston attorney practicing in the areas of taxation and estate planning, and he is the founding member of William H. Scharf PLLC. He is a member of the West Virginia State Bar Committee on Probate, of which he was the chairman from 1987-1990, and a member of the American Bar Association and its Section of Taxation and Section of Real Property, Trust & Estate Law. Mr. Scharf is a member of the Charleston Estate Planning Council (president, 1998-1999). He has been a frequent lecturer for the West Virginia Continuing Legal Education Program and The West Virginia Society of Certified Public Accountants. He has written several articles relating to taxation, including "Buy-Sell Agreements Can Endanger a Corporation's NOL Carryovers," 18 Estate Planning Magazine 22 (Jan.-Feb. 1991), and has contributed to the West Virginia Practice Handbook chapter on "Administration of Decedents' Estates" (1995, 1996, 2000, 2001, 2003). Mr. Scharf earned his A.B. degree, cum laude, from Georgetown University and his J.D. degree from the University of Michigan Law School. He was attorney-adviser to the late Judge Norman O. Tietjens, U.S. Tax Court, Washington, D.C., from 1971-73. (Charleston and Morgantown locations)

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


Accreditation Details

Continuing Legal Education

WV CLE: 8.00 Including - Ethics: 1.20
This program qualifies for 8.0 hours of credit, which includes 1.2 hour of ethics, under the West Virginia Rules for Mandatory Continuing Legal Education.



Financial Planners

N CF: 8.00
This program has been accepted by the Certified Financial Planner Board of Standards Inc. and qualifies for 8.0 hours of CE credit for CFP® Certificants. The Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with plaque design) and CFP® (with flame design) in the US, which it awards to individuals who successfully complete initial and ongoing certification requirements.

Upon completion of this course, attendees should be able to: 1. Explain some of the initial considerations for probate. 2. Distinguish probate assets from non-probate ones. 3. Describe two techniques for locating and filing inventory. 4. Recall one tip for the maintenance of the decedent's estate. 5. Identify tax deadlines for probate-related tax forms. 6. Recall two common problems in distributing assets to beneficiaries and balancing the final account. 7. Distinguish ethical practices from unethical ones.


International Association for Continuing Education Training

N IACET: 0.70
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.7 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. Explain some of the initial considerations for probate. 2. Distinguish probate assets from non-probate ones. 3. Describe two techniques for locating and filing inventory. 4. Recall one tip for the maintenance of the decedent's estate. 5. Identify tax deadlines for probate-related tax forms. 6. Recall two common problems in distributing assets to beneficiaries and balancing the final account. 7. Distinguish ethical practices from unethical ones.


National Association of Legal Assistants, Inc.

N LA: 6.50 Including - Ethics: 1.00
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.5 hours, including 1.0 ethics, of continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential.



National Association of State Boards of Accountancy

N NAS: 8.00 Including - Administrative Practice: 7.00, Behavioral Ethics: 1.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. This program is designed to qualify for 8.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of asset valuations and increasingly complex legal processes and tax issues surrounding probate. Upon completion of this course, attendees should be able to: 1. Explain some of the initial considerations for probate. 2. Distinguish probate assets from non-probate ones. 3. Describe two ways to fight Medicaid estate recovery. 4. Describe two techniques for locating and filing inventory. 5. Recall one tip for the maintenance of the decedent’s estate. 6. Identify tax deadlines for probate-related tax forms. 7. Recall two common problems in distributing assets to beneficiaries and balancing the final account. 8. Distinguish ethical practices from unethical ones. Field(s) of Study -- Administrative Practice; Behavioral Ethics.


National Federation of Paralegal Associations, Inc.

N PAR:
NBI, Inc. is a NFPA approved CLE provider.



Professional Achievement in Continuing Education

N PACE: 8.00 Including - Chartered Financial Consultant: 8.00
This seminar qualifies for 8.0 PACE (Professional Achievement in Continuing Education) credit hours for ChFC.


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