The Complete Probate Walkthrough

Agenda / Content Covered

All times are shown in Eastern time.

1. Probate Overview
   10:00 - 10:45, Cooper Warner
   1. Key Terms and Parties
   2. Forms of Administration
   3. Inheritance Laws
2. Executor Duties Outlined and Major Timeline Established
   10:45 - 11:15, Steven A. Kass
3. Letters of Authority, Initial Petition, and Notices
   11:30 - 12:00, Steven A. Kass
4. Communicating With Beneficiaries and Authenticating the Will
   12:00 - 12:30, Brian McCarthy
5. ASSETS: Valuation, Inventory, Management, Sale, Creditor Claims
   1:00 - 1:30, Paul Marquez
6. The Changing Tax Landscape and Its Effect on Probate Practice
   1:30 - 2:15, Nelson A. Raust
7. Tax Reporting: Forms, Deadlines, IRS Communications
   2:30 - 3:00, Nelson A. Raust
8. Completing the Final Accounting and Closing the Estate
   3:00 - 3:30, Deborah G. Rosenthal
9. Avoiding Common Probate Mistakes and Disputes
   3:30 - 4:00, Brian McCarthy
10. Applying Legal Ethics Canons in Probate
    4:00 - 5:00, Cooper Warner
    1. Who is Your Client? Representing Fiduciaries vs. Beneficiaries
    2. Attorney Fees, Engagement Agreements, Client Trust Accounts
    3. Conflicts of Interest
    4. Guarding Confidentiality
    5. Client Capacity Issues
    6. Data Security

Accreditation Details:

STEVEN A. KASS is a solo practitioner in Melville, New York and for the past 27 years has concentrated his practice in estate planning and elder law, planning for persons with special needs, wills, trusts, and guardianships. He is a certified elder law attorney through the National Elder Law Foundation. Mr. Kass is a member of the Nassau County, Suffolk County, New York State, and American Bar Associations; as well as the National Academy of Elder Law Attorneys, National Elder Law Foundation, and the Academy of Special Needs Planners. Mr. Kass earned his B.A. degree from the State University of New York at Stony Brook and his J.D. degree and a certificate in health law and policy from Pace University School of Law.

PAUL MARQUEZ brings more than 25 years of experience to Sigma Valuation Consulting, Inc., in accounting, law, and finance to his practice of business valuation and work as an expert in commercial litigation related matters. Mr. Marquez performs valuations for various purposes including gift and estate tax reporting, marital dissolution, financial reporting, complex business litigation, forensic valuation, and corporate dispute resolution. Prior to joining Sigma Valuation Consulting, Inc., Mr. Marquez led the valuation and litigation support practices of several middle market accounting firms. As an expert witness, Mr. Marquez has testified in the federal and state courts, as well as in arbitration and mediation. Mr. Marquez is a certified business appraiser with the Institute of Business Appraisers and senior designated member of the American Society of Appraisers. He is also accredited in business valuation by the AICPA, and holds the AICPA’s certified in financial forensics designation. In addition to his professional credentials, Mr. Marquez serves as an adjunct professor in the School of Management at the New York Institute of Technology. He is a member of the American Institute of Certified Public Accountants, the New York State Society of CPAs, and the New York State Bar Association’s Commercial Division. Mr. Marquez earned his B.S. degree from the University of Delaware and his J.D. degree from Delaware Law School of Widener University.

BRIAN McCARTHY is a partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP where he practices in estate litigation, criminal law, admiralty, and maritime law. Mr. McCarthy received his B.A. degree from Villanova University and his J.D. degree from Hofstra University. He is admitted to practice in the state of New York, the United States District Court for the Southern District of New York, and the United States District Court for the Eastern District of New York. Mr. McCarthy is a member of Suffolk County Bar Association.

NELSON A RAUST is a director with the law firm of Ransmeier & Spellman, P.C. Since 1988, Mr. Raust has focused much of his practice in the area of trusts and estates in New Hampshire and Massachusetts. He represents medium to high net worth individuals, families, retirees, professionals, and business owners in matters of estate planning, sophisticated wealth transfer strategies, estate and trust administration, and business succession planning. Mr. Raust also prepares special needs trusts for families with adult or minor children with special needs. He is a frequent speaker on estate planning, Medicaid planning, special needs trusts, and probate issues. He is a member of New Hampshire (Elder Law, Estate Planning and Probate Section) and Manchester bar associations, the New Hampshire Estate Planning Council, and the National Academy of Elder Law Attorneys. Mr. Raust also is a founding member and incorporator of the New Hampshire Chapter of the National Academy of Elder Law Attorneys (NAELA). He earned his B.A. degree, magna cum laude, from the University of Rochester; his J.D. degree from Vanderbilt University School of Law; and his LL.M. degree from Boston University School of Law.

DEBORAH G. ROSENTHAL established Rosenthal, Attorneys at Law, P.C. in Great Neck, New York in 2002 after spending many years in house and at law firms in Manhattan. Her practice concentrates on business representation, real estate, and estate planning. Ms. Rosenthal represents numerous closely held businesses and their owners in their transactional and general business matters, and in estate planning for individual business owners and their families. Her experience ranges form representing public companies in their acquisitions and dispositions to representing individual business owners in acquisitions of small, privately-held companies. Prior to establishing Rosenthal, Attorneys at Law, P.C., Ms. Rosenthal served as assistant general counsel with The BOC Group, Inc., the U.S. subsidiary of a publicly-held, British corporation, where she was the attorney in charge of a major business division in the United States. In that capacity, she drafted and negotiated numerous acquisitions and dispositions, as well as long-term supply contracts and equipment purchase agreements. Ms. Rosenthal has also been associated with several Manhattan law firms. She earned her J. D. degree, magna cum laude, from Cornell Law School, where she was a member of the Honorary Society, Order of the Coif. She also has an LL.M. degree in taxation from New York University School of Law and an A.B. degree, cum laude, from Wellesley College.

COOPER WARNER is an attorney with Block Legal Services, LLC where she practices in the areas of probate and estate planning. She earned her B.A. degree from Drake University and her J.D. degree from Marquette University Law School.