To ensure a successful outcome in settling an estate for your clients, you need to have a thorough understanding of the probate process. How does your knowledge stack up? Get the solid foundation you need to thrive in the probate arena with this complete guide. Examine the nuts and bolts of the probate process so you'll be better prepared to handle decedents' estates. Order today!

1. Initiating the Probate Process
2. Spouse's Rights and Family Maintenance
3. Basic Tax Matters
4. Closing the Estate
5. Ethics in Probate Practice
6. Common Probate Problems and How to Solve Them

1. INITIATING THE PROBATE PROCESS
   9:00 - 10:00, Written and presented by David L. Ziegler in Charleston. Presented by Matthew D. Rak in Wheeling.
   1. Interviewing and Determining the Personal Representative
   2. Evaluating the Estate to Minimize Costs and Expenses -- The High Cost of Dying
   3. Locating, Collecting and Taking Inventory of the Decedent's Assets -- Probate vs. Nonprobate
   4. Determining Which Types of Administration are Right for You -- Informal or Formal
   5. Elections and Filings
   6. Handling Claims Against the Estate
   7. Using Renunciation and Disclaimers as a Post-Mortem Planning Device
2. SPOUSE'S RIGHTS AND FAMILY MAINTENANCE
   10:00 - 11:00, Written and presented by Staci Norman Criswell and John F. Hussell IV in Charleston. Presented by Lisa M. Hawrot in Wheeling.
   1. Determining the Existence or Nonexistence of a Will
   2. Duties of the Personal Representative
   3. Homestead and Exempt Property -- What is Legally Your Client's, Regardless of Value
   4. Effect of Prenuptial and Postnuptial Agreements
   5. The Surviving Spouse's Elective Share
   6. What are the Family Allowances That Can be Taken?
3. BASIC TAX MATTERS
   11:15 - 12:15, Written and presented by Howard Ross Crews Jr. in Charleston. Presented by Joshua S. Rogers in Wheeling.
   1. Overview of Tax Compliance and Post-Mortem Planning
   2. Coordinating and Filing the Estate Tax and Fiduciary Income Tax Return
   3. Planning for an Estate Tax Audit
   4. Generation-Skipping Transfer Taxes
   5. Disclaimers
   6. Reverse QTIP Elections
4. CLOSING THE ESTATE
   1:15 - 2:15, Written and presented by Robert E. Richardson in Charleston. Presented by Lisa M. Hawrot in Wheeling.
   1. Timing of Distributions
   2. Transfer of Probate and Nonprobate Assets
   3. Distributions to Minors and Trusts
   4. Preparing the Final Account
   5. Petition for Complete Settlement
   6. Obtaining Discharge of the Personal Representative
5. ETHICS IN PROBATE PRACTICE
   2:30 - 3:30, Written and presented by Staci Norman Criswell and John F. Hussell IV in Charleston. Presented by Lisa M. Hawrot and Joshua S. Rogers in Wheeling.
   1. Performing Competent Legal Services
   2. Identifying the Client
   3. Avoiding Conflicts of Interest
   4. Distinguishing Privileged and Non-Privileged Communication
   5. Keeping the Client Informed
   6. Establishing Attorneys' Fees
6. COMMON PROBATE PROBLEMS AND HOW TO SOLVE THEM
   3:30 - 4:30, Written and presented by Richard E. Ford Jr. in Charleston. Presented by Joshua S. Rogers in Wheeling.
   1. What to do When the Decedent Has Property in More Than One State -- Multiple Domiciles
   2. Inter Vivos and Testamentary Trusts
   3. Intestate Administration
   4. Lost/Withheld Wills

HOWARD ROSS CREWS JR. is a member of the Huntington law firm of Campbell Woods PLLC, where his areas of practice include estates and trusts, commercial transactions, mineral law and tax law. Mr. Crews has handled a number of tax cases and has served as president of the West Virginia Tax Institute. He frequently makes presentations at seminars in the areas of trusts and estate administration. Mr. Crews earned his B.S. degree from West Virginia University, his J.D. degree from West Virginia University School of Law and his LL.M. degree from Washington University. He is a member of The West Virginia State and American bar associations, and the Huntington Estate Planning Council.

RICHARD E. FORD JR. is a member of The Ford Law Firm, where his main areas of practice are real estate, estate planning, probate, trust law, corporate, limited liability company law, business law, civil litigation and general practice. He was an adjunct professor of business law at Greenbrier Community College Center of New River Community and Technical College (1986-2002). Mr. Ford is a member of Greenbrier County and the West Virginia (president, Real Estate Division) bar associations; The West Virginia State Bar (member, Board of Governors, 1988-1989, 1991-1997; president, 1996-1997); the West Virginia Law Institute; and Defense Trial Council of West Virginia (Board of Governors, 1997-2000). He earned his B.S. and J.D. degrees from West Virginia University.

JOHN F. HUSSELL IV is a partner in the Charleston office of Dinsmore & Shohl LLP. He practices in the areas of wills, estates and trusts. Mr. Hussell has made presentations at a number of seminars in the estates and trusts area of practice and co-wrote the "Wills" chapter of the West Virginia Practice Handbook. Mr. Hussell is the past president of the Charleston Estate Planning Council and is the chairman of The West Virginia State Bar Probate Committee. He also is a fellow of the American College of Trust and Estate Counsel. Mr. Hussell is a member of the American, The West Virginia and Kanawha County bar associations. He earned his B.A. degree, magna cum laude, from Marshall University and his J.D. degree from Washington & Lee University.

STACI NORMAN CRISWELL is an attorney at the law firm of Dinsmore & Shohl LLP, where her practice is concentrated in estate and tax planning. Ms. Criswell's practice focuses on large and complex estates and trusts. She was vice president and personal trust specialist with BB&T Wealth Management where she administered complex personal trust and fiduciary relationships, and advised clients and staff regarding fiduciary standards, principles, and applicable laws and regulations. Prior to her position with BB&T Wealth Management, Ms. Criswell was an associate with a local law firm where her practice focused on wills, trusts and estates. She earned her B.A. degree from West Virginia University and her J.D. degree from West Virginia University College of Law. Ms. Criswell is admitted to practice in West Virginia and Virginia. She is a member of the Charleston Estate Planning Council, The West Virginia State Bar Probate Committee, The West Virginia State Bar's State and Federal Taxation Committee, and the John A. Field, Jr. American Inn of Court.

ROBERT E. RICHARDSON is sole practitioner at the Law Office of Robert E. Richardson, where his main areas of practice are estate planning, trust planning, estate administration, contested trusts and estates, business law, real estate and civil litigation. Mr. Richardson was an adjunct professor at Georgetown Law Center (1989-1990) and an adjunct faculty member of West Virginia University College of Law (1994-1997). He earned his B.A. degree, summa cum laude, from West Virginia University, his J.D. degree from the University of Virginia, and his LL.M. degree from Georgetown University.

DAVID L. ZIEGLER is the president of Ziegler & Ziegler, L.C., in Hinton, West Virginia. He earned his A.B. degree from Dartmouth College and his J.D. degree from the University of Virginia. A member of The West Virginia State Bar, Mr. Ziegler has a southern West Virginia regional practice with an emphasis in probate and real estate work, including litigation in both fields. He is a Fiduciary Commissioner for Summers County.

LISA M. HAWROT is a partner at Dinsmore & Shohl LLP in the corporate department. Her main areas of practice are focused on family law, abuse and neglect law, real estate, federal criminal defense, general estate planning, and civil litigation. Ms. Hawrot earned her B.A. degree from Washington & Jefferson College and her J.D. degree from Ohio Northern University, Claude W. Pettit College of Law. She is a member of The West Virginia State Bar, Ohio State Bar Association and the Belmont County Bar Association, as well as the Belmont County Law Library Association.

MATTHEW D. RAK is an associate attorney at Thorp Reed & Armstrong, LLP in the firm's trusts and estates practice group. Prior to joining the firm, Mr. Rak practiced with the firm of Herndon, Morton, Herndon & Yaeger in Wheeling, West Virginia, performing estate and tax planning, estate administration and elder law planning. He has administered numerous estates in West Virginia and serves as the vice president of the Estate Planning Council of the Upper Ohio Valley. Mr. Rak earned his undergraduate degree, with honors, from Wheeling Jesuit University, and his law degree from The Catholic University of America Columbus School of Law. He is admitted to the Pennsylvania and The West Virginia bar associations, and is a member of The West Virginia State Bar Probate Committee.

JOSHUA S. ROGERS is an associate at Dinsmore & Shohl LLP, where he is a member of the corporate department. He maintains a general practice with increasing emphasis on estate administration, estate planning, business planning, taxation, and general litigation. Mr. Rogers earned his B.S.B.Ad. degree, summa cum laude, from West Virginia University, and his J.D. degree from West Virginia University College of Law. He is a member of The West Virginia State Bar, the American and Monongalia County bar associations, and the Defense Trial Counsel of West Virginia.

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