Agenda / Content Covered

DAY 1

• Forms of Administration and When They are Used
  9:00 - 10:00, Ruth M. Allen
• First Steps and Notices, Executor Duties, Opening the Estate
  10:15 - 11:15, Ruth M. Allen
  • Executor Duties and Powers Prior to and After Qualification
  • Filing the Petition; Notice to Beneficiaries and Heirs
  • Initial Notices to Creditors and State Agencies
  • The Estate Timeline
  • Other Estate Opening Tasks and Procedures
• Marshalling the Assets
  11:15 - 12:15, John P. Huggard
  • Key Assets to Account for
  • Survivorship vs. Beneficiary Designation
  • Helpful Checklists and Sample Forms
  • Valuation Considerations
  • Filing the Inventory and Appraisal with the Court
  • Handling Antiques, Heirlooms and Unusual Items
  • Digital Assets
  • Business Interests in Estate Administration
• Handling Debts and Claims Against the Estate
  1:15 - 2:15, John P. Huggard
  • Secured vs. Unsecured Claims
  • Interest on Claims
  • Debts Left Over from Improperly Executed Joint Tenancies
  • Medicaid Estate Recovery and Other Liens
  • Insolvent Estates
• Portability and Estate, Gift, GST Taxes
  2:15 - 3:15, John P. Huggard
  • Determining DSUE and Claiming Portability
  • State and Federal Estate, Gift and GST Taxes - Planning and Reporting
  • Streamlined, Partial-Streamlined and Complete Estate Tax Returns
• Spouse Elective Share and Disclaimers
  3:30 - 4:30, John P. Huggard
  • Making the Election
  • Disclaiming an Interest: Who Can Disclaim, Statutory Requirements, Procedure, Consequences

DAY 2

• Income Tax Returns
  9:00 - 10:00, Charlie D. Brown
  • Final Individual Income Tax Return - Federal and State
  • Fiduciary Income Tax Return - Federal and State
  • Tax Consequences of Fiduciary Decisions and Actions
  • The Interaction of Tax Deductions Between the Estate Tax and Fiduciary Income Tax Returns
• Handling Distributions
  10:15 - 11:15, Charlie D. Brown
  • Discretionary Distributions
  • Mandatory Distributions
  • Refunding Agreements
  • Spendthrift Trusts and Creditor Attachments
  • Trusts That Affect Estate Administration
• Key Intestacy Laws You Must Know
  11:15 - 12:15, Misty L. Piekaar McWilliams
  
• Legal Ethics in Estate Administration
  1:15 - 2:15, Sharon H. Lowe
  • Who is Your Client? Avoiding Conflicts of Interest
  • Attorney Fees
  • Protecting Confidentiality
  • Are you a Fiduciary? New Fiduciary Liability Rules and FINRA Enforcement Efforts
  • Client Competence Issues
• Closing the Estate and Final Accounting
  2:15 - 3:15, Sharon H. Lowe
  • Final Accounting Step-by-Step
  • Filing the Final Petition; Contents
  • Final Expenses, Debts, Taxes, Fees and Distributions
  • Discharge of Fiduciary
• Estate and Trust Contests, Disputes, Challenges
  3:30 - 4:30, Sharon H. Lowe
  • Beneficiary Conflicts
  • Executor and Trustee Disputes
  • Will Contests
  • Concealment Actions
  • Objections to Final Accounts
  • Deterrence - Trustee Selection, Trust Protectors, No-Contest Clauses, etc.

RUTH M. ALLEN is a sole practitioner in Raleigh, North Carolina. Her primary practice areas include estate planning and administration, guardianships, consumer advocacy, and bankruptcy. After over 15 years as a paralegal working as in-house corporate paralegal and in the government sector, she earned her J.D. degree from North Carolina Central University. Ms. Allen has since worked for Legal Aid of North Carolina, where she continues to serve as pro bono counsel, and has taught in the Paralegal Studies Program at Johnston Community College. She is a retired commander in the United States Navy - Reserve Component.

CHARLIE D. BROWN is a board certified specialist in estate planning and probate law by the North Carolina State Bar, focusing his practice on the transfer and protection of assets. Mr. Brown is the principal attorney at the law firm of Brown Estate Planning & Elder Law with offices in Burlington and Raleigh. He was previously a trust officer with Wachovia Bank and a senior tax advisor with Arthur Andersen. His practice involves estate planning; Medicaid and elder law issues; business succession planning; trust and estate taxation; trust and estate administration, and dispute resolution; and the creation and administration of charitable foundations. Mr. Brown earned his B.A., degree magna cum laude, and his M.B.A. degree at Wake Forest University and his J.D. degree at Wake Forest University School of law.

JOHN P. HUGGARD is the senior member in the Raleigh law firm of Huggard Obiol & Blake, PLLC, where he practices exclusively in the areas of estate planning and related litigation. He is a certified financial planner and is board certified in estate planning and probate law by the North Carolina State Bar. Mr. Huggard retired from North Carolina State University, where he taught introductory and advanced courses in law and finance for 30 years. He was a member of the University‘s Academy of Outstanding Teachers and was named an Alumni Distinguished Professor in 1994. Mr. Huggard earned his B.A. and J.D. degrees from the University of North Carolina at Chapel Hill and his master‘s degree from Duke University. He is the author of the North Carolina Estate Settlement Guide Book (updated 2017).

SHARON H. LOWE is a partner at the law firm of Lowe & Williams, PLLC. She is a board certified estate planning specialist. Ms. Lowe has 34 years of experience in estate planning, estate administration, and real estate. She is a member of the North Carolina Bar Association and the Surry County Bar Association. Ms. Lowe earned her B.A. degree from the University of North Carolina at Chapel Hill and her J.D. and M.B.A. degrees from Wake Forest University.

MISTY L. PIEKAAR McWILLIAMS has advised many clients on estate planning strategies that address the consequences of transferring assets, tax liabilities, business interests, and proper planning for retirement, marriage and incapacity. She also has assisted many clients with estate administration, elder law and guardianships. Ms. Piekaar McWilliams is a member of the North Carolina Bar Association, Wake County Bar Association, and the Estate Planning Section of the North Carolina Bar Association. She received her J.D. degree from North Carolina Central University School of Law and her undergraduate degree in international studies from the University of North Carolina at Chapel Hill.