Agenda / Content Covered

1. COMMENCEMENT OF PROCEEDINGS AND INFORMATION GATHERING
   8:30 — 9:30, Charles McNair
   1. Appointment of Estate Administration
      1. Formal vs. Informal Proceedings
      2. Sample Letters of Authority
   2. First Meeting With Family or Designated Personal Representative and Determination of Heirs
   3. Written Fee Agreements
   4. Tips to Locate Information Quickly Using Online and Government Resources
   5. Dealing with Multiple States
2. INITIAL STEPS TO THE ESTATE ADMINISTRATION PROCESS
   9:30 — 10:15, Charles McNair
   1. Understanding the Laws of Intestacy
   2. Sample Estate Administration Checklists, Forms and Required Notices Needed
   3. Interpreting Provisions and Terms of Art Found in Wills
   4. Using Disclaimers Correctly
3. MARSHALLING ASSETS
   10:30 — 11:15, Auriana Clapp-Younggren
   1. Procedures to Locating and Marshalling Probate and Non-Probate Assets
      1. Safe Deposit Boxes and Bank Accounts
      2. Real Estate
      3. Brokerage Accounts, 401Ks, IRAs, Pensions and Life Insurance Policies
   2. Sample Forms and Documents Needed
   3. Appraisers and Valuing the Property of Probate Estates
4. ETHICS AND ESTATE ADMINISTRATION
   11:15 — 12:15, Peter Ostermiller
   1. Breach of Fiduciary Responsibility
   2. Avoiding Conflicts of Interest
   3. Attorney-Client Privilege
   4. Fee Agreements
5. HANDLING CREDITOR CLAIMS AND DEBT
   12:45 — 1:30, Aaron Smith
   1. Sample Forms and Required Notices Needed
   2. Priority and Payment of Claims
   3. Late Claims and Contested Claims
   4. Steps to Ensure all Debt is Located and Handled Correctly
      1. What if the Assets Don't Cover the Bills?
      2. Bankruptcy and Foreclosure
   5. Selling of Assets and Properly Dealing with Creditors
6. COMPLEX ISSUES IN ESTATE ADMINISTRATION
   1:30 — 2:15, Aaron Smith
   1. Jointly Held Assets
   2. Spousal Claims
      1. Allowances and Elections Against the Will
   3. Handling Unmarried Couples and Stepchildren
   4. Will Contests, Trust and Estate Disputes
   5. Business Ownership
   6. Agency Problems Involving Guardianships, Conservatorships, Powers of Attorney or Other Agency Relationships
7. HANDLING ESTATE ADMINISTRATION TAX ISSUES
   2:30 — 3:30, Amy Bilyeu
   1. Examples of Forms Needed
   2. Federal and State Estate Tax Considerations
   3. Income Tax Issues for the Estate and the Heirs
   4. Resolving Disputes With Taxing Authorities
   5. Deductions and Exemptions
   6. How the Generation-Skipping Transfer Tax Affects Your Clients
   7. Tax Deadlines and Handling Extensions
   8. Sales of Real Property
8. DISTRIBUTION AND CLOSING OF THE ESTATE
   3:30 — 4:10, Lindsay Gardner
   1. Sample Forms, Agreements and Documents Needed
   2. Proper Transferring and Distribution of Probate and Non-Probate Assets and Timing of Distributions
      1. Real Estate
      2. 401Ks, IRAs, Pensions and Life Insurance Policies
      3. Distribution of Miscellaneous Assets (Automobiles, Jewelry, Etc.)
   3. Distributions in Kind
   4. Distribution to Minors, Surviving Spouse and Trusts
   5. Disposition of Unclaimed Assets
   6. Proper Settlement of the Estate
      1. Formal and Informal Estate Accountings
      2. Choosing the Appropriate Closing Procedure
      3. Compensation and Discharge of the Personal Representative

Accreditation Details:

Amy E Bilyeu is an attorney at Wyse Kadish LLP, where her practice focuses on estate planning, and trust and estate administration. She served two terms on the Oregon State Bar’s Estate Planning Section Executive Committee, and is a chapter co-author of the Oregon Bar’s probate manual, Administering Oregon Estates. Ms. Bilyeu earned her B.A. degree from the University of Oregon, her J.D. degree from the University of Oregon School of Law, and her LL.M. degree from the University of Washington Law School.

Auriana L Clapp-Younggren is an attorney with the law firm of Sandra L. Clapp & Associates, P.A., located in Eagle, Idaho, where her practice areas include trust and estate administration, estate planning preparation, business formation, and guardianships and conservatorships. She received her B.A. and B.S. degrees from the College of Idaho and her J.D. degree for the University of Idaho College of Law. Ms. Clapp-Younggren volunteers with the Woman’s and Children’s Alliance in Boise, Idaho, and serves as a guardian ad litem in Ada County in guardianship proceedings. Ms. Clapp-Younggren is a prior presenter for the NBI and has spoken on a variety of estate planning topics in the treasure valley area.

Lindsay E Gardner is an attorney with Bryant Lovlien & Jarvis PC, where she focuses her practice on estate planning, elder law, trust administration, and probate. Ms. Gardner regularly advises her estate planning clients on the preparation of trusts, wills, powers of attorney, and advanced directions. In elder law, she assists clients with Medicaid and special needs planning, and long-term care. In her probate practice, Ms. Gardner is experienced in probate administration, conservatorships, and guardianships. She is a member of the Oregon State Bar, the Oregon Women Lawyers, and a member of Cascade Women Lawyers. Ms. Gardner received her B.S. degree from Southern Oregon University, her master’s degree in conflict and dispute resolution from the University of Oregon Graduate School, and her J.D. degree, order of the coif, from the University of Oregon School of Law.

Charles M McNair is a partner in the Medford, Oregon law firm of Fowler & McNair, LLP, where he practices in the areas of estate and trust planning and administration, business and corporate planning, creditor's rights, and private and court ordered arbitrations. He has spoken on article 9 and commercial practice. Mr. McNair received his B.A. degree from the University of Oregon and his J.D. degree from Northwestern School of Law. He is a member of the Jackson County Bar Association and the Oregon State Bar.

Peter L Ostermiller is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. He has also represented parties in attorney’s fee dispute proceedings, attorneys in legal proceedings in which sanctions have been sought against the attorney, represented parties in attorney disqualification proceedings, and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee which proposed changes to the Rules of Professional Conduct to the KBA, which resulted in the July 2009 revisions to the Ethics Rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.

Aaron T Smith is an attorney with S. Jane Patterson Law Office in Gresham, Oregon, where he specializes in estate planning, elder law, and closely held business formation. His estate planning practice focuses heavily on complex trust preparation and administration. Mr. Smith earned his B.A. degree from California St. University Northridge and his J.D. degree from Thomas Jefferson School of Law. He is admitted to practice in California and Oregon.