New Jersey Probate Process: In 7 Simple Steps

Agenda / Content Covered

1. Opening the Estate
   9:00 - 9:45, Jeffrey McWeeney
   1. What to Do in the First 48 Hours
   2. Obtaining the Will and Getting it Admitted
   3. Locating and Notifying the Beneficiaries
   4. Determining if the Estate Qualifies for a Small Estate Administration
   5. The Estate Timeline - What Must be Done When
   6. Filing the Initial Petition With the Probate Court: Forms and Procedures
   7. Sending Initial Notices to the Public and to State Agencies
   8. Closing the Decedent's Accounts
   9. Obtaining the Estate Tax ID
   10. Laws of Intestacy
2. Preparing the Personal Representatives for the Job
   9:45 - 10:30, Jeffrey McWeeney
   1. Educating PRs on Their Duties, Powers, and Responsibilities
   2. Compiling Personal Representative Guide/Instructions
   3. Clarifying Executor Compensation
   4. Advising PRs on Potential Problems and Liability
3. Managing the Estate: Valuations, Spousal Share, and More
   10:45 - 11:30, Daniel Makoski
   1. Marshalling and Valuing Decedent's Assets
   2. Initial Inventory
   3. Maintenance and Management
   4. Determining Elective Share and Homestead Allowance
   5. Spousal Rights: Electing vs. Disclaiming the Share
   6. Claiming Homestead Allowance
   7. Portability Rules; Claiming Unused Lifetime Exclusion
   8. Estate Expenses: Payment and Record-Keeping
   9. What to Do With the Income the Estate is Producing
4. Addressing Creditor Claims
   11:30 - 12:15, Thomas D. Begley III
   1. Issuing Notices to Creditors: What Works Best
   2. Validating Claims
   3. Determining the Priority of Creditor Rights
   4. Selling Property to Satisfy Claims: What to Sell, How to Do it, and How to Properly Record it
   5. Satisfying Tax Claims and Liens
5. Post-Mortem Tax Planning, Distributions, and Trust Administration
   1:15 - 1:55, Daniel Makoski
   1. Managing the Tax Consequences of Elections and Receipt of Non-Probate Assets (e.g. IRA Distributions)
   2. Tax Implications of Transfers
   3. Creating Trusts and Subtrusts for Multiple Beneficiaries to Receive Their Shares of the Estate
   4. What to Do With Bequests and Trust Distributions to Minors
   5. Post-Mortem Tax Planning Approaches: How Much Maneuver Room is Left?
   6. How to Calculate the Omitted Spouse Share or Omitted Child Share
   7. Guarding Disabled Adult Beneficiaries' Benefits Eligibility
6. Handling Estate Closing, Final Accounting, and Tax Returns
   1:55 - 2:35, Michael K. Feinberg
   1. Tax Returns and Deadlines - Estate and Income, State and Federal, Decedent's and the Estate's
   2. Informal Closing by Statement of Personal Representative
   3. Compiling and Balancing the Final Account
   4. Final Distributions to Beneficiaries and Liability of Distributees
   5. Closing the Estate and Discharging the Fiduciary
7. Maintaining an Ethical Practice
   2:50 - 3:50, Daniel J. Jurkovic
   1. Whom do You Represent? Conflicts of Interest
   2. Protecting Client Confidentiality
   3. Attorney Fees
   4. Practicing Law in More Than One State
8. Resolving Disputes and Navigating Probate Litigation
   3:50 - 4:30, Daniel J. Jurkovic
   1. Will Contests, Deed Contests, Allegations of Undue Influence and Other Causes of Action
   2. Obtaining Court Guidance for Proposed Actions Regarding the Estate Administration
   3. Probate Litigation Rules, Procedures, and Evidentiary Provisions
   4. Fiduciary Misconduct, Liability, Disputes with Beneficiaries
   5. Effective Approaches to Resolving Disputes Without Going to Court

Accreditation Details:

Thomas D. Begley III is the president of Thomas D. Begley, III, LLC, where he concentrates his practice in the areas of estate and tax planning, estate administration, small business representation, elder law, and probate litigation. Mr. Begley is a certified elder law attorney (CELA) as accredited by the National Elder Law Foundation. He is an accomplished author and lecturer. Mr. Begley is a member of the New Jersey State Bar Association (former director of the Elder Law Section) and the Burlington County Bar Association (former chair of the Estate Planning and Probate Committee). He is admitted to practice in New Jersey and Pennsylvania. Mr. Begley earned his B.A. degree from Georgetown University College of Arts and Sciences and his J.D. degree from Georgetown University Law Center.

Michael K. Feinberg is a partner of the Woodbridge law firm of Greenbaum, Rowe, Smith & Davis LLP, where his practice is concentrated in the areas of tax and estate planning; elder law; estate administration, tax and business planning for individuals, corporations, partnerships and limited liability companies; and tax controversies. Mr. Feinberg is a frequent lecturer and has written numerous articles estate planning and elder law topics. He is admitted to practice law in both New Jersey and New York, and is a member of the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. Mr. Feinberg has been voted into The Best Lawyers in America and also has been named a Super Lawyer in the New Jersey estate planning and probate practice area. He is now co-chair of the Elder Law Section of the Middlesex County Bar. Mr. Feinberg earned his B.A. degree from Bucknell University, his J.D. degree, with honors, from George Washington University Law School and his LL.M. degree from New York University School of Law.

Daniel J. Jurkovic is a solo practitioner located in Rutherford, New Jersey, whose practice is concentrated in the areas of elder law, guardianship, disability planning, and estate planning. He has been granted the title of certified elder law attorney by the National Elder Law Foundation. This certification has been approved by the New Jersey Supreme Court and accredited by the American Bar Association. Recently, Mr. Jurkovic represented the Guardianship Association of New Jersey, Inc. (GANJI) and the National Academy of Elder Law Attorneys-N.J. (NAELA-NJ) as amicus parties before the New Jersey Supreme Court in the matter of Thomas Saccone v. Board of Trustees, Police and Fireman's Retirement System, and previously served as lead attorney on the amicus curiae brief submitted to the New Jersey Supreme Court in the matter of In Re Keri. Mr. Jurkovic earned his B.S.B.A. degree from Thomas Edison State College, his M.S. degree in labor relations from Cornell University and Baruch College, and his J.D. degree and a certificate in health law policy from Pace University School of Law.

Daniel Makoski is counsel to Porzio, Bromberg & Newman, P.C., and a member of the firm's Wealth Preservation Group. His primary areas of concentration are tax planning, tax controversy, transactional business matters, wills, trusts and estate planning. Mr. Makoski has extensive experience advising clients on personal income tax matters, including tax-efficient methods of acquiring and distributing assets; negotiating with tax authorities to minimize or eliminate tax deficiencies, appearing in the U.S. Tax Court and handling IRS appeals. He has also drafted many estate plans, living wills, health care proxies, and powers of attorney. In addition, Mr. Makoski has significant expertise counseling business clients on business formation, mergers and acquisitions, restructuring, governance, and dissolution. He earned his B.A. degree from Ramapo College of New Jersey, his J.D. degree from Widener University Delaware School of law, and his LL.M degree in taxation from New York Law School.

Jeffrey McWeeney is a partner with King, Kitrick, Jackson & McWeeney, LLC. He is the director of the elder law department, representing clients in estate planning, estate litigation, estate administration, guardianships, conservatorships, powers of attorney, advanced medical directives, wills, trusts, real estate, Medicaid review, advice and applications, Medicare, Veteran's Affairs, and retirement planning. Mr. McWeeney is an adjunct professor at the Ocean County College in Toms River, New Jersey. He is a member of the New Jersey State Bar Association (Elder Law and Real Property, Probate and Trust sections), National Academy of Elder Law Attorneys, National Guardianship Association, Ocean County Bar Association, New Jersey Supreme Court (Office of Attorney Ethics, District IIIA, Ocean County Ethics Committee), and the New Jersey State Bar Foundation (trustee). Mr. McWeeney earned his B.A. degree from Boston College and his J.D. degree from Seton Hall University School of Law.