Ohio Probate and Trust Administration

Agenda / Content Covered

1. Probate Process and Overview
   8:30 - 9:15, John R. Harrison
   1. Review of the Probate Timeline
   2. Forms of Administration
   3. Deadlines to be Aware of
   4. Documents Used in the Probate Process
   5. Information Gathering
   6. Laws of Intestacy
   7. Initial Petition and Notices
   8. Sample Forms, Letters and Documents
2. Assets, Creditor Claims and Debt Considerations
   9:15 - 10:15, Paul R. Shugar
   1. Marshalling Probate and Non-Probate Assets: Key Procedures
   2. Properly Ensure ALL Debt is Located and Handled
   3. Required Public Notices to Creditors
   4. Priority and Payment Determinations for Claims
   5. Contested Claims and Prescribed Claims
   6. Appropriately Dealing with Creditors
   7. Insolvent Estates
   8. Sale of Assets to Satisfy Creditors
3. Distributions, Final Accounting and Closing the Estate
   10:30 - 11:15, Rebecca Price
   1. Documents Needed to Close the Estate
   2. Proper Transfer and Timing of Distributions - Probate and Non-Probate Assets
   3. Distributions in Kind
   4. Distribution to Minors, Surviving Spouse and Trusts
   5. Disposition of Unclaimed Assets
   6. Fees for Personal Representatives and Attorneys
   7. Annual Accounting Requirements and Format
   8. Final Accounting Checklist
   9. Estate Closing Procedures
4. Tax Issues in Probate Administration
   11:15 - 12:00, John R. Harrison
   1. State and Federal Tax Considerations
   2. Tax Deadlines and Extensions
   3. Essential Tax Forms and Returns
   4. Deductions and Exemptions
   5. Income Tax and Basis Adjustment for Decedent's Assets
   6. Real Property Tax Considerations
5. Trust Taxation Issues
   12:30 - 1:15, Daniel J. McGuire
   1. Tax Returns: Annual and Final
   2. Tax Consequences of Trustee's Actions
   3. Real Property Taxes
   4. Income Taxation
   5. Estate and Generation-Skipping Transfer Taxes
   6. Tax Consequences of Paying Retirement Benefits to Trusts
   7. Tax Basis in the Assets
6. What You Need to Know About Trusts
   1:15 - 2:00, Daniel J. McGuire
   1. Types of Trusts and Their Purpose
   2. Jurisdiction
   3. Duties and Powers of the Trustee
   4. Valuation of Assets
   5. Funding a Trust
   6. Communication with Beneficiaries
   7. Amending and Modifying the Trust
   8. Trust Administration Checklist
   9. Sample Forms and Documents
7. Accounting/Distributions in Trust Administration
   2:15 - 3:10, John R. Harrison
   1. Notices of Proposed Actions
   2. Uniform Principal and Income Act
   3. Trust Provisions Concerning Distributions
   4. Managing, Selling and Distributing Property and Assets
   5. Investing Assets
   6. Distinctions Between Trust Fiduciary Accounting and Income Tax Accounting
   7. Determining Trustee Fees
   8. Communication with Creditors
   9. Distribution to Beneficiaries
   10. Trust Termination
8. Ethics and Estate Administration
   3:10 - 4:10, Mary L. Cibella
   1. Breach of Fiduciary Responsibility
   2. Avoiding Conflicts of Interest
   3. Confidentiality
   4. Fee Agreements

Accreditation Details:

Mary L. Cibella is in private practice in Cleveland, concentrating in professional responsibility, which includes ethics advisory opinions, legal malpractice defense, disciplinary defense, and pre-admission licensure. Ms. Cibella has extensive experience in the area of ethics and discipline as former counsel to the Cleveland Bar Association. In that capacity, she supervised and participated in the activities of the Certified Grievance Committee; researched dilemmas faced by lawyers arising out of their obligations under the Code of Professional Responsibility; and investigated and prosecuted matters dealing with the unauthorized practice of law. In January of 2015, Ms. Cibella became chair of the Supreme Court's Commission on Professionalism and served for a total of six years on the Commission. She is a member of the Cleveland Metropolitan Bar Association (Ethics and Professionalism Committee, and Mental & Wellness Committee), the Ohio State Bar Association, and the Association of Professional Responsibility Lawyers. Ms. Cibella is also a life member of the Judicial Conference of the Eighth Judicial District. She is also a life fellow of the Ohio State Bar Foundation. Ms. Cibella earned her B.S. degree from Kent State University and her J.D. degree from Cleveland-Marshall College of Law.

John R. Harrison is an attorney with Ulmer & Berne LLP. He focuses his practice in the areas of elder law and special needs law, as well as estate planning, Medicaid, guardianship, litigation, probate matters, and the maintenance of public benefits. Mr. Harrison also works with public agencies throughout Ohio that provide services to individuals with developmental disabilities, mental illness, or who have substance abuse issues. He has spent his career advocating for older adults and individuals with special needs by working for Disability Rights Ohio, The Legal Aid Society of Columbus, public agencies, county boards, and in private practice. Mr. Harrison is a member of the Ohio State Bar Association’s Estate Planning, Trust and Probate Law Section; and the Elder and Special Needs Law Committee. He earned his B.A. degree from the University of Michigan and his J.D. degree, with honors, from The Ohio State University Moritz College of Law.

Daniel J. McGuire is counsel with Mansour Gavin L.P.A., in Cleveland, Ohio. Mr. McGuire is an experienced trusts and estates attorney, helping clients obtain solutions based on their unique situations, concerns, and goals. He has represented clients in the entire wealth spectrum, and is adept at advising clients to address changing circumstances that require planning for the future. He also deals with estate and probate tax issues. Mr. McGuire is licensed in Ohio and Florida. Before joining Mansour Gavin L.P.A., he was involved on the administrative side of trusts, ensuring the stated goals and intentions of trust grantors were correctly interpreted and executed. Mr. McGuire has served as a mentor to newer trust officers, teaching the practicalities of trust administration, and providing them an accelerated education in the field. He is a member of The Florida Bar and Ohio State and Cleveland Metropolitan bar associations. Mr. McGuire earned his B.A. degree from The College of Wooster and his J.D. degree from Case Western Reserve University School of Law.

Rebecca Price is an attorney at Ibis Legacy Law, LLC, where she focuses her practice on estate planning, estate and trust administration, and residential real estate. Ms. Price earned her law degree from Case Western Reserve University School of Law.

Paul R. Shugar is an attorney with Reminger Co., LPA. Mr. Shugar is a member of Reminger’s Probate Litigation Department and has trial experience litigating million-dollar estate, trust, and guardianship issues such as undue influence, power of attorney abuse, and financial exploitation. An award-winning journalist who worked at daily newspapers around the country before becoming a lawyer, he employs the writing and investigation skills he developed as a reporter to help people in a legal setting. Mr. Shugar is a member of the Ohio State Bar Association and an officer for the Cleveland Metropolitan Bar Association's Estate Planning, Probate & Trust Law Section. He earned his B.A. degree from Ohio University E.W. Scripps School of Journalism and his J.D. degree, cum laude, from Cleveland-Marshall College of Law.