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 - 9:30, Denise A. Clark
   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
   9:30 - 10:15, Denise A. Clark
   1. Duties of the Personal Representative
   2. Misconduct and/or Removal
   3. Compensation Guidelines
   4. Special Administration Issues
3. MANAGING THE INVENTORY
   10:30 - 11:15, Denise A. Clark
   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
   11:15 - 12:00, William J. Fisk
   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, Stephen A. Unsworth
   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 - 2:45, William J. Fisk
   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
   3:00 - 3:30, William J. Fisk
8. LITIGATING THE CASE IN PROBATE COURT
   3:30 - 4:15, Stephen A. Unsworth
   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
   4:15 - 4:40, Stephen A. Unsworth
   1. Final Accounting
   2. Distribution of Estate to Beneficiaries
   3. Discharge of Fiduciary
   4. Tax Returns - What Needs to be Filed and When

DENISE A. CLARK is an attorney in the law firm of McClallan & Bloomer, P.C. She practices in the areas of estate planning and elder law. Ms. Clark has lectured before professionals and laypersons on estate and elder law issues including appearing as a guest lecturer at the University of Vermont Tax School. She is admitted to practice in Maryland, the District of Columbia and Vermont. Ms. Clark is a member of the National Academy of Elder Law Attorneys, the Vermont Academy of Elder Law Attorneys (current president), and the Vermont Bar Association. She earned her B.S. degree from the University of North Carolina-Chapel Hill and her J.D. degree from Wake Forest University School of Law.

WILLIAM J. FISK is an attorney with the law firm of Witten, Woolmington & Campbell, P.C. He practices in the areas of estate planning, estate and trust administration, family law, valuation disputes and tax aspects of commercial law. In addition to being an attorney, Mr. Fisk practiced as a Certified Public Accountant for more than 25 years. He is a member of the American Bar Association's Business and Tax Law sections, the Vermont Bar Association, the National Association of Certified Valuation Analysts, the American Institute of CPAs and the Vermont Society of Certified Public Accountants. Mr. Fisk is a past chairman of the Vermont Board of Public Accountancy and past president of the Vermont Society of Certified Public Accountants. He has previously served as an adjunct instructor in accounting, finance and tax at Massachusetts College of Liberal Arts, Western New England College and Holyoke Community College. Mr. Fisk earned a B.B.A. degree from American International College, an M.B.A. degree from Western New England College and a J.D. degree, magna cum laude, from Albany Law School of Union University.

STEPHEN A. UNSWORTH is an attorney in Essex Junction, Vermont. Mr. Unsworth has more than 30 years experience in estate planning. He is a past board member and a current member of the American Academy of Estate Planning Attorneys, a nationally recognized organization serving the needs of legal professionals concentrating on estate and legacy planning. In 2007, 2008 and 2009, Mr. Unsworth was honored as a "Super Lawyer" in the New England Super Lawyers magazine. He is a past president of the Chittenden County Bar Association, was chairman of the Vermont Bar Association Continuing Education Committee and was awarded a certificate from the Vermont Bar Association for being an outstanding chairperson. Mr. Unsworth is a member of the Vermont Bar Association (Elder Law, and Probate and Trust sections), the Maine Bar Association and the Chittenden County Bar Association. He was awarded a certificate of appreciation from the Vermont Administrative Judge for his work in Small Claims Court. Mr. Unsworth has taught business law courses at the University of Vermont and Champlain College. He has been a presenter in numerous continuing legal education seminars for attorneys and paralegals in Vermont and nationally. Mr. Unsworth graduated, with distinction, from the University of Maine at Orono and earned his J.D. degree from Western New England College School of Law in Springfield, Massachusetts. He is admitted to practice law in both Vermont and Maine.

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