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Live Seminar

The Probate Process From Start to Finish

Seminar

Date:

Wednesday, June 14, 2017

Time:

8:30 AM - 4:40 PM

Product ID#:

75247ER

Location:

Hilton Garden Inn
12600 University Drive
Fort Myers, FL 33907

$359.00

$349 / Each Additional

$339 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • FL CLE - 8.00

CPE for Accountants

  • CPE for Accountants/NASBA - 8.00

Other

  • Florida Registered Paralegal - 7.00
  • Financial Planners - 8.00
  • IACET - 0.70
  • PACE - 8.00
  • NALA - 6.50
  • NFPA

Program Description

Your Fundamental Guide to Probate

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? At this seminar, our experienced faculty will give you detailed, step-by-step information to confidently and ably navigate the system. Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Enroll today!

  • Get a step-by-step walkthrough of a probate case complete with practice tips from seasoned practitioners.
  • Implement a complete estate timetable in order to know what needs to be done - and when.
  • Effectively guide the executor and the administrator through their various duties.
  • Avoid problems arising from creditors' claims and insolvency with our powerful strategies.
  • Know the secrets to confidently handling a spouse's elective share.
  • Get results for your client! Explore successful strategies for litigating in probate court.
  • Follow thorough closing procedures so accounting is complete before distribution takes place.

Who Should Attend

This basic level seminar will provide those who have limited probate experience with tips on successfully handling a probate case. This comprehensive seminar will benefit:

  • Attorneys
  • Paralegals
  • Accountants
  • Trust Officers
  • Financial Planners
  • Estate Planners

Course Content

  1. Taking the First Step: Filing an Estate in Probate Court
  2. Understanding the Role of the Personal Representative in Probate
  3. Probate Creditor Claims
  4. Homestead in Probate
  5. Administering the Estate Effectively
  6. Maintaining an Ethical Balance in Probate Practice
  7. Determining if Spouse's Elective Share is a Reasonable Option
  8. Litigating the Case in Probate Court
  9. Putting the Case to Rest: Closing the Estate

Continuing Education Credit


Continuing Legal Education – CLE: 8.00 *

Financial Planners – Financial Planners: 8.00

Florida Registered Paralegal Program – Florida Registered Paralegal: 7.00 *

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. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
    8:30 - 9:15, Written by John M. Hemenway and Matthew T. Palma.
    Presented by John M. Hemenway in Tampa and Matthew T. Palma in Sarasota and Fort Myers.
    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 - 9:55, Written by John M. Hemenway and Matthew T. Palma.
    Presented by John M. Hemenway in Tampa and Matthew T. Palma in Sarasota and Fort Myers.
    1. Duties of the Personal Representative
    2. Misconduct and/or Removal
    3. Compensation Guidelines
    4. Special Administration Issues
  3. PROBATE CREDITOR CLAIMS
    10:10 - 10:50, Written by Patrick J. Duffey.
    Presented by Patrick J. Duffey in Tampa, Jeff S. Goethe in Sarasota and Misbah Farid and Sarah E. Lefler in Fort Myers.
    1. Creditor Notice Process
    2. Payment and Priority of Creditor Claims
    3. Contested Claims
    4. Illiquid and Insolvent Estates
  4. HOMESTEAD IN PROBATE
    10:50 - 11:40, Written by Patrick J. Duffey.
    Presented by Patrick J. Duffey in Tampa, Jeffrey S. Goethe in Sarasota and Misbah Farid and Sarah E. Lefler in Fort Myers.
    1. Homestead, Defined
    2. Protection from Forced Sale
    3. Restricted Devise and Alienation
    4. Property Tax Exemption
    5. Homestead as an Asset of the Estate
  5. ADMINISTERING THE ESTATE EFFECTIVELY
    12:40 - 1:20, Written by Taso M. Milonas.
    Presented by Taso M. Milonas in Tampa, Sarasota and Fort Myers.
    1. Collecting, Maintaining and Managing Assets
    2. Managing the Estate Cash Responsibly
    3. Disclaimers
    4. Partial Distributions
  6. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
    1:20 - 2:20, Written by Spiro J. Verras.
    Presented by Spiro J. Verras in Tampa, Jeffrey S. Goethe in Sarasota and Matthew A. Linde in Fort Myers.
    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
  7. DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
    2:20 - 3:00, Written by Matthew A. Linde.
    Presented by Jeffrey S. Goethe in Tampa and Sarasota and Matthew A. Linde in Fort Myers.
    1. How to Determine the Elective Share Estate
    2. What are Spousal Rights and Personalty?
    3. Rights of Election
    4. Step-by-Step Procedure
    5. How to Satisfy the Elective Share
  8. LITIGATING THE CASE IN PROBATE COURT
    3:15 - 4:00, Written by Taso M. Milonas.
    Presented by Taso M. Milonas in Tampa, Sarasota and Fort Myers.
    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, Written by Misbah Farid and Sarah E. Lefler.
    Presented by Jeffrey S. Goethe in Tampa and Sarasota and Misbah Farid and Sarah E. Lefler in Fort Myers.
    1. Final Accounting
    2. Distribution of Estate to Beneficiaries
    3. Discharge of Fiduciary
    4. Tax Returns - What Needs to be Filed and When

PATRICK J. DUFFEY is an attorney with Holland & Knight LLP. He concentrates his practice on complex estate planning, trust administration and probate matters. Prior to joining Holland & Knight LLP, Mr. Duffey served as a fellow at the University of Florida Levin College of Law's Center for Estate Planning. He is admitted to practice in New York and Florida. Mr. Duffey earned his B.S. degree, cum laude, from the University of Florida; his J.D. degree, cum laude, from the University of Florida Levin College of Law; and his LL.M. degree, in taxation, from New York University School of Law. (Tampa location)

MISBAH FARID is an attorney within the Naples office of Bond, Schoeneck & King PLLC. She focuses her practice on complex estate planning, wealth transfer, and business and tax planning. Her prior work experience includes probate litigation; asset preservation for lenders in litigated matters, having taken numerous cases to trial; and a federal internship for the Honorable Laurel Isicoff in the United States Bankruptcy Court for the Southern District of Florida. Ms. Farid is a member of The Florida Bar, Real Property, Probate and Trust Law Sections, as well as the Collier County Bar Association, Trusts and Estates Section. Ms. Farid received her undergraduate degree, magna cum laude, from the University of Miami School of Arts and Sciences. She earned her Juris Doctorate degree, magna cum laude, from the University of Miami School of Law, followed by her L.L.M. degree, in taxation, from the University of Miami School of Law. (Fort Myers location)

JEFFREY S. GOETHE is a partner with the Bradenton law firm of Barnes, Walker, Goethe, Hoonhout, Perron & Shea, PLLC. Mr. Goethe earned his B.A. degree from Maryville College in Tennessee and his law degree from the University of Tennessee at Knoxville. He is board certified by The Florida Bar, as a specialist in wills, trusts and estates law and a Fellow of the American College of Trust and Estate Counsel. Mr. Goethe has been an active member of the Florida Bar’s Real Property Probate and Trust Law Section, serving on its Executive Council; Probate Law and Procedure Committee; Florida Bar Journal Committee; Ad Hoc Committee on Estate Planning Attorney Conflicts of Interest; Homestead Problems Study Committee; and the Wills, Trusts and Estates Certification Review Course Committee. In 2016, he was awarded the John Arthur Jones Annual Service Award for service to the RPPTL Section. He currently serves on The Florida Bar Probate Rules Committee and is a past chair. He is a member of the Manatee County Bar Association, has served on its Board of Directors, and is a past president, and is also a member of the Sarasota County Bar Association. Mr. Goethe is a Master with the Manatee County Inn of Court and a member of the Manatee Estate Planning Council. (Tampa and Sarasota locations)

JOHN M. HEMENWAY is a founding partner of Bivins & Hemenway, P.A., where he practices in the areas of estate planning and probate, real estate, and business law, and oversees the firm's estate planning and probate practice. He regularly counsels individuals in connection with their personal real estate and estate planning matters, and represents business owners in a variety of commercial real estate and business transactions. Mr. Hemenway is a member of the Tampa Bay Estate Planning Council and a prior presenter at National Business Institute seminars on both probate and estate planning topics. He is a cum laude graduate of the University of Florida College of Law and has been named to the Super Lawyers magazine Florida Rising Stars list. (Tampa location)

SARAH E. LEFLER is an attorney within the Naples office of Bond, Schoeneck & King PLLC, where she concentrates her practice in trust and estate matters. She is admitted to practice in the state of Florida. Ms. Lefler is a member of the Young Lawyers Division. She received her undergraduate degree, magna cum laude, from the University of New Haven. Ms. Lefler then earned her Juris Doctorate degree, cum laude, from Ave Maria School of Law. (Fort Myers location)

MATTHEW A. LINDE practices in Fort Myers, and concentrates his practice in trust, estate and guardianship litigation and probate and trust administration. He is currently licensed to practice law in California, Minnesota (inactive), Florida, and admitted to practice before the U.S. Tax Court, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Southern District of Florida, the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court. Mr. Linde is one of approximately 332 lawyers who have attained board certification by The Florida Bar in wills, trusts and estates. Certification is The Florida Bar's highest evaluation of an attorney's competency, experience and professionalism in the areas of law approved for specialization. He earned his B.A. degree, summa cum laude, from the University of Wisconsin, his J.D. degree from the University of Wisconsin Law School, and his LL.M. degree from Golden Gate School of Law in San Francisco, California. (Fort Myers location)

TASO M. MILONAS is a sole practitioner in Sarasota, Florida. He is a board-certified tax lawyer by The Florida Bar. Currently less than 1% of all attorneys admitted to practice in Florida are board certified. Mr. Milonas practices principally in the areas of tax and estate planning for high net worth individuals and their businesses. Mr. Milonas is listed in Florida Super Lawyers and Who's Who in American Law. He currently serves on the Directors Committee of The Florida Bar's Tax Section and as assistant director of its Federal Tax Division. Mr. Milonas has served on the Tax Section for more than a decade in various capacities, including as vice chair of its Gratuitous Transfers (Estate and Gift Tax) Committee for many years. He is also active in the American Bar Association's Tax Section and a member of the Sarasota County Bar Association. Mr. Milonas has published numerous articles, and is a frequent lecturer before professional and non-professional groups on taxes, estate planning, business succession planning, and insurance. He earned his LL.M. degree from the the University of Florida College of Law and his J.D. degree from Stetson University College of Law. (Tampa and Sarasota and Fort Myers locations)

MATTHEW T. PALMA is an attorney in the Orlando office of Broad and Cassel. Mr. Palma is a member of the firm's estate planning and trusts practice group. He primarily focuses his practice in the areas of estate planning, trusts, estate and tax matters. Mr. Palma is fully prepared to advise in all areas of probate and trust litigation, including: will contests; trusts contests; claims of undue influence; claims of lack of capacity; probate accountings; trust accountings; actions brought against personal representatives; actions brought against trustees; federal and state tax litigation, including tax appropriation issues; and creditor claim actions. He is admitted to practice within the state of Florida and is a member of The Florida Bar. Mr. Palma earned his J.D. degree from Barry University Dwayne O. Andreas School of Law and his LL.M. from University of Miami School of Law Heckerling Graduate Program in estate planning. (Sarasota and Fort Myers locations)

SPIRO J. VERRAS is the founding attorney and president of Verras Law, P.A., which maintains locations in Palm Harbor, St. Petersburg, and Tampa. His current practice focuses on estate planning, probate and trusts, elder law, guardianships, corporate and commercial transactions. Mr. Verras is active in bar organizations, including the Clearwater Bar Association and the Hillsborough County Bar Association. He is also a member of the Real Property Probate and Trust Law, Elder Law, and Entertainment, Arts & Sports Law Sections of The Florida Bar; the Trusts, Estate, Probate & Immovable Property Law Section of the Louisiana State Bar Association; and the Real Estate, Probate & Trust Law and LGBT Law Sections of the State Bar of Texas. In addition to his state bar memberships, he has been admitted to practice in local federal district courts, the U.S. Court of Appeals for the Fifth Circuit, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court. Mr. Verras is also a member of the Academy of Florida Elder Law Attorneys and the National Academy of Elder Law Attorneys. He earned his B.A. degree from Yale University and his J.D. degree from Tulane Law School, where he was the managing editor of the Tulane Maritime Law Journal. (Tampa location)

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

FL CLE: 8.00 Including - Ethics: 1.00
Approved by The Florida Bar for a maximum of 8.0 general hours of CLER credit including 1.0 hour of ethics.



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, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done - and when. 2. Explain what the executors' duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. Describe the homestead requirements in probate. 5. List at least three disclaimers that can be used in estate administration. 6. Distinguish between ethical and unethical practices. 7. Describe three ways to manage a spouse's elective share. 8. Describe the rules of probate court procedure. 9. State from recall the documents needed for the final tax return.


Florida Registered Paralegal Program

FL FLRPA: 7.00 Including - Ethics: 1.00
This course will qualify for 7.0 hours of continuing education for paralegals, including 1.0 hour of ethics, toward the eligibility requirements of the Florida Registered Paralegal Program.



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, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done - and when. 2. Explain what the executors' duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. Describe the homestead requirements in probate. 5. List at least three disclaimers that can be used in estate administration. 6. Distinguish between ethical and unethical practices. 7. Describe three ways to manage a spouse's elective share. 8. Describe the rules of probate court procedure. 9. State from recall the documents needed for the final tax return.


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, Regulatory 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 level program presented in a group live setting. This course will: - Explain practical procedures for advising the executor and the administrator. - Create a clear plan for effective collection, maintenance and management of the probate assets to prevent confusion. - Explain how to avoid ethical problems that arise in probate cases, such as conflict of interest. No advanced preparation or prerequisites are required. Field(s) of Study -- Administrative Practice; Regulatory 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 Advisor for Senior Living: 8.00, Chartered Financial Consultant: 8.00, Chartered Life Underwriter: 8.00
This seminar qualifies for 8.0 PACE (Professional Achievement in Continuing Education) credit hours for CLU, CASL and/or ChFC.


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