Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

76975CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 12.00
From Event: PROBATE: Everything You Need to Know., held December 2017.

Program Description

Is probate really necessary? How do you distinguish between probate and non probate assets? How do you handle difficult, non-divisible, joint, hidden and unusual assets? In this comprehensive, all-inclusive guide to everything probate, you'll get answers to these questions and so much more. Whether you are new to the probate process, or are just needing a refresher, this guide is for you. From petition to inventory to creditors to closing - this guide walks you step by step through the process and procedures, while addressing sticking points along the way. Order today!

Course Content

Day 1: Process, Initial Steps, Executor Mistakes, Assets and Wills

  1. Probate Process and Procedure - Clarified
  2. Is Probate Necessary? Alternatives and Avoidance
  3. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  4. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
  5. WILLS: Proving Validity, Petitioning and Top Problems
  6. ASSETS: How to Inventory, Locate, Secure, Value and Manage

Day 2: Disputes, Insolvent Estates, Creditor Issues, Probate Problems and Closing the Estate

  1. When the Love is Gone... Tips for Resolving FAMILY DISPUTES in Probate
  2. INSOLVENT Estates - How to Handle Them
  3. CREDITOR CLAIM Conundrums
  4. Top PROBLEMS in Probate
  5. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
  6. Ethical Practice Considerations and Concerns in Probate

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 CA - Credit Approval Expiration 12/14/2019 *


* denotes specialty credits

Agenda / Content Covered

Day 1: Process, Initial Steps, Executor Mistakes, Assets and Wills

  1. Probate Process and Procedure - Clarified
    9:00 - 10:00, Written by Richard V. Day. Presented by Richard V. Day in Santa Rosa and Vacaville.
    1. Jurisdiction and Venue Issues
    2. Laws of Intestacy/Heirship; Exceptions
    3. Situs vs. Ancillary
    4. Process and Procedures: Informal vs. Formal
    5. Initial Steps in the Process
    6. Executor Appointment; Taxpayer ID
    7. Ensuring Executors Know Their Duties
    8. Letter of Administration
    9. Sample Executor Letter to Beneficiaries
    10. Sample Forms and Documents
  2. Is Probate Necessary? Alternatives and Avoidance
    10:15 - 11:15, Written by Paul R. Miller. Presented by Paul R. Miller in Santa Rosa and Vacaville.
  3. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    11:15 - 12:15, Written by Richard V. Day. Presented by Richard V. Day in Santa Rosa and Vacaville.
  4. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
    1:15 - 2:15, Written by Robert M. Wells. Presented by Daniel A. Hunt in Santa Rosa and Robert M. Wells in Vacaville.
  5. WILLS: Proving Validity, Petitioning and Top Problems
    2:30 - 3:30, Written by Julie R. Woods. Presented by Julie R. Woods in Santa Rosa and Vacaville.
    1. State Law, Review and Proving Validity Issues
    2. Petition to Admit Will to Probate
    3. Handling Lost Wills, Partial Revocations
    4. Petition for Right to Distribution
    5. Spousal Election Against Will/Contests
    6. Wills Without Required Formalities
  6. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    3:30 - 4:30, Written by Daniel A. Hunt. Presented by Daniel A. Hunt in Santa Rosa and Julie R. Woods in Vacaville.
    1. Early Distribution of Assets?
    2. Procedures to Locate and Marshall
    3. Sample Forms; Documents
    4. Valuation Methods, Appraisals
    5. Valuing Property
    6. Assets w/ Negative Equity
    7. Reporting of Annuities
    8. Difficult, Non-Divisible, Joint, Hidden and Unusual Assets
    9. 401ks, IRAs, Pensions, Stocks and Retirement Plans
    10. Loaned Items

Day 2: Disputes, Insolvent Estates, Creditor Issues, Probate Problems and Closing the Estate

  1. When the Love is Gone... Tips for Resolving FAMILY DISPUTES in Probate
    9:00 - 10:00, Written by Juliette T. Robertson. Presented by Lily Moallem in Santa Rosa and Juliette T. Robertson in Vacaville.
  2. INSOLVENT Estates - How to Handle Them
    10:15 - 11:15, Written by Lily Moallem. Presented by Lily Moallem in Santa Rosa and Juliette T. Robertson in Vacaville.
  3. CREDITOR CLAIM Conundrums
    11:15 - 12:15, Written by Stacie P. Nelson. Presented by Stacie P. Nelson in Santa Rosa and Vacaville.
    1. Claim Notice, Priority, Rights and Rejection
    2. What Constitutes a Creditor's Claim?
    3. Actions Required to Present a Claim
    4. Secured vs. Unsecured Claims
    5. Interest on Claims
    6. Common Creditor Issues in a Solvent Estate
    7. Why Advertise for Claimants and/or Creditors Even if no Formal Administration?
    8. Creditor's Ability to Create a Probate Estate
  4. Top PROBLEMS in Probate
    1:15 - 2:15, Written by Amy Harrington. Presented by Amy Harrington in Santa Rosa and Richard V. Day in Vacaville.
    1. Locating Unknown/Missing Heirs - Best Methods
    2. Intestate Estates
    3. Death of a Business Owner/Valuation Issues
    4. Property: Exempt; Marital; Homestead
    5. Taking of Personal Property Upon Death
    6. Special Proceedings (Petition to Sell House, Partition Proceedings)
    7. Getting Your Client Bonded
  5. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
    2:30 - 3:30, Written by Doris E. Mitchell. Presented by Amy Harrington in Santa Rosa and Richard V. Day in Vacaville.
    1. Preparation, Obtaining Releases and Waivers
    2. Orders, Timing of Distributions, Releases
    3. Mitigating Distribution-Related Tax Consequences
    4. When Beneficiaries are Minors
    5. Partial Distributions, Disclaimers and Divestment Traps
    6. Alternative Methods: Knowing Your Options
    7. Ensuring Thorough Accounting and Settlement of the Estate
    8. Extending, Closing and Re-Opening an Estate
  6. Ethical Practice Considerations and Concerns in Probate
    3:30 - 4:30, Written by Paul R. Miller. Presented by Paul R. Miller in Santa Rosa and Vacaville.
    1. Attorney Fee Agreements
    2. Financial Abuse of the Elderly and Disabled
    3. Treatment of Fiduciaries (Executors vs. Trustees)
    4. Removing/Discharging PR for Dilatory Conduct
    5. Attorneys' Obligations to Executor and Opposing Parties
    6. Attorneys or Attorneys' Relatives Named as Beneficiaries

RICHARD V. DAY is a sole practitioner in Napa. Mr. Day practices in the areas of estate planning, probate and estate administration, trusts, wills, advanced health care directives, special needs trusts, and limited conservatorships, as well as litigation and appeals. He is a certified legal specialist in the areas of estate planning, trusts and probate law by the State of California Board of Legal Specialization. Mr. Day earned his B.A. degree from Grinnell College and his J.D. degree from the University of San Diego School of Law. He is a member of the State Bar of California. (Santa Rosa and Vacaville locations)

AMY HARRINGTON is the principal attorney at a boutique law firm focusing on probate matters, with offices in San Francisco and Sonoma, California. She regularly handles trust and probate litigation, conservatorships, estate planning, trust and probate administration matters. Ms. Harrington is a California probate referee for San Francisco County and an editor of the CEB California Conservatorship Practice Guide. She frequently gives talks on probate topics and is an adjunct professor of estate planning at San Francisco State University. Ms. Harrington received her B.A. degree in political science and sociology from the University of California, Davis and her J.D. degree from the University of California, Hastings College of the Law. (Santa Rosa location)

DANIEL A. HUNT is the principal of the Law Offices of Daniel A. Hunt in Sacramento, California. Mr. Hunt focuses his practice in trust litigation, estate planning, trust and estate administration, forensic accounting, and probate cases. He also represents clients in California trust litigation and probate disputes. Mr. Hunt graduated with his B.A. degree from Brigham Young University and he earned his J.D. degree from McGeorge School of Law. He is a member of the National Academy of Elder Law Attorneys and the Sacramento Estate Planning Council. Mr. Hunt is currently serving as vice president of the Probate and Estates Section of the Sacramento County Bar Association. (Santa Rosa location)

PAUL R. MILLER is a sole practitioner at The Law Office of Paul Miller in Santa Rosa, California, practicing exclusively estate planning and estate administration law. He served as the director of legal services at the Council on Aging in Santa Rosa from June 2014 to May 2016. He is a member of the State Bar of California. Mr. Miller earned his B.S. degree from the University of California - Davis; his J.D. degree, cum laude, from Empire College School of Law and; he is currently obtaining dual LL.M. degrees in taxation and estate planning at Golden Gate University in San Francisco. (Santa Rosa and Vacaville locations)

LILY MOALLEM is an attorney with Fox Rothschild LLP. Her practice centers on trust and estate administration, as well as taxation and wealth planning. She also represents clients in estate-related litigation matters, including but not limited to contested probate, trust and conservatorship cases. Ms. Moallem is a member of Queen’s Bench History Committee (co-chair, 2014). She earned her B.A. degree from the University of California, Berkeley. She earned her J.D. degree, cum laude, from the University of California, Hastings College of the Law. (Santa Rosa location)

STACIE P. NELSON is a partner in Holland & Knight LLP's San Francisco office and is a member of the firm's private wealth services group. Since 1998, Ms. Nelson has concentrated her practice on all aspects of contentious trust, estate and conservatorship matters. Her practice includes will and trust contests, accounting disputes, disputed conservatorships, breach of fiduciary duty matters, financial elder abuse matters, as well as trust and estate administration. Her administration practice focuses on assisting clients with post-death administration of trusts and estates and securing and protecting bequests made to individuals and charitable beneficiaries. Ms. Nelson's clients include individuals, families, charities, and professional and institutional fiduciaries. She is a member of the East Bay Trusts & Estate Lawyers, Estate Planning Council of Diablo Valley, San Francisco County Bar Association, Alameda County Bar Association, Los Angeles County Bar Association, and the State Bar of California (Litigation Subcommittee for the Trusts & Estates Executive Committee). Ms. Nelson earned her B.A. degree from the University of California, Los Angeles and her J.D. degree from the University of Southern California Gould School of Law. She has been featured in the The Best Lawyers in America guide, litigation - trusts and estates, 2018. (Santa Rosa and Vacaville locations)

JULIETTE T. ROBERTSON is the principal attorney at Robertson Law Group, Trust & Estates Attorneys in Lincoln, California. Ms. Robertson is a certified specialist in estate planning, trust & probate law by the California Board of Legal Specialization, and focuses her practice on estate and special needs planning and probate litigation. She is a member of the Placer and Sacramento County bar associations and the Professional Fiduciaries Association of California. Ms. Robertson earned her B.S. degree from the University of California, Los Angeles; her M.P.H. degree from Boston University; and her J.D. degree from the University of the Pacific, McGeorge School of Law. (Vacaville location)

ROBERT M. WELLS is an attorney with the Law Office of Robert M. Wells, where he practices in the areas of landlord tenant law, real estate and estate planning. Mr. Wells is the coauthor of Substance Abuse-The Sobering Truth, Intellectual Property Law Section, State Bar of California, Volume 36, No 4. He is a member of the State Bar of California. Mr. Wells earned his B.A. degree from San Francisco State University and his J.D. degree from the University of San Francisco School of Law. (Vacaville location)

JULIE R. WOODS is the Probate Legal Research Attorney for the Superior Court of the State of California, County of Contra Costa. Prior to working for the court, her practice focused on litigation and administration of estates, trusts, conservatorships, elder abuse actions, and crossover matters. Ms. Woods has practiced throughout the state of California in matters involving trusts and estates up to, and exceeding, $50 million. Ms. Woods has represented trustees, beneficiaries, heirs, executors, administrators, professional fiduciaries, corporations, conservators, and guardians. In Fall 2017, Ms. Woods was published in the California Trusts and Estates Quarterly, the official publication of the State Bar of California Trusts and Estates Section. Ms. Woods also formerly served on the committee of writers for the case law updates for the Trusts and Estates Section. She enjoys writing and speaking regularly at continuing legal education seminars and events and being active in the legal community. Ms. Woods is recognized as a Rising Stars honoree in Super Lawyers Magazine. She is also recognized as one of the Top Women Attorneys in Northern California by San Francisco Magazine, and previously received the same recognition in Southern California by Los Angeles Magazine. Ms. Woods earned two B.A. degrees with emphases from the University of Southern California. She graduated with her J.D. degree from the University of Notre Dame Law School. (Santa Rosa and Vacaville locations)

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Accreditation Details:

Continuing Legal Education

CA CLE: 12.00 Credit Approval Exp
12/14/2019
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 12.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


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