Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77270CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • GA CLE - 13.40
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? What are the top mistakes executors commonly make and how can you avoid them from happening? 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, Wills and Probate Problems

  1. Probate Process and Procedure - Clarified
  2. Law Update; Rule Changes; Recent Developments
  3. Is Probate Necessary? Alternatives and Avoidance
  4. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
  5. ASSETS: How to Inventory, Locate, Secure, Value and Manage
  6. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  7. YEAR'S SUPPORT (SPOUSAL SUPPORT)
  8. WILLS: Proving Validity, Petitioning and Top Problems
  9. Top PROBLEMS in Probate

Day 2: Disputes, Insolvent Estates, Creditor Issues, Trusts, Taxes and Final Accounting

  1. When the Love is Gone... Tips for Resolving FAMILY DISPUTES in Probate
  2. CREDITOR CLAIM Conundrums
  3. TRUST Traps in Probate
  4. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
  5. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
  6. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
  7. Ethical Practice Considerations and Concerns in Probate

Continuing Education Credit

Continuing Legal Education – CLE: 13.40 GA - Credit Approval Expiration 12/18/2018 *


* denotes specialty credits

Agenda / Content Covered

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

  1. Probate Process and Procedure - Clarified
    8:30 - 9:30, John T. Mroczko
    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. Letter of Administration
    8. Sample Executor Letter to Beneficiaries
    9. Sample Forms and Documents
  2. Law Update; Rule Changes; Recent Developments
    9:30 - 10:00, James M. Miskell
  3. Is Probate Necessary? Alternatives and Avoidance
    10:00 - 10:30, James M. Miskell
  4. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    10:45 - 11:15, Stephanie Banks
    1. Informing PR of Duties (w/ Sample Forms and Documents)
    2. Top Mistakes EXECUTOR's Make
    3. Liability Landmines
    4. Dealing with the Unprofessional Administrator
    5. How Much Compensation Should They Receive?
  5. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    11:15 - 12:15, Michael Peacock
    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
  6. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    1:15 - 1:45, Erik J. Broel
  7. YEAR'S SUPPORT (SPOUSAL SUPPORT)
    1:45 - 2:30, Erik J. Broel
    1. What is it and Why is it important?
    2. Who is it for?
    3. How is it used?
    4. Practical Implications to the Estate
    5. Handling Objections
    6. Calculating Value of the Claim
  8. WILLS: Proving Validity, Petitioning and Top Problems
    2:45 - 3:45, Erik J. Broel
    1. State Law, Review and Proving Validity Issues
    2. Petition to Admit Will to Probate
    3. Handling Lost Wills, Partial Revocations
    4. Spousal Election Against Will/Contests
    5. Payment of Death Taxes Will Requirement (Non Probate Property Subject to Tax)
    6. Wills Without Required Formalities
    7. 401k's, IRA's, Pensions, Stock and Retirement Plans
  9. Top PROBLEMS in Probate
    3:45 - 4:40, Michael Peacock
    1. Locating Unknown/Missing Heirs - Best Methods
    2. Intestate Estates
    3. Death of a Business Owner/Valuation Issues
    4. Pre-Mortem Probate
    5. Property: Exempt; Marital; Homestead
    6. Real Estate Tied up Due to Numerous Intestate Heirs
    7. Taking of Personal Property Upon Death
    8. Special Proceedings (Petition to Sell House, Partition Proceedings)
    9. Proving Distributees After Death (not by Decedent)

Day 2: Disputes, Insolvent Estates, Creditor Issues, Trusts, Taxes and Final Accounting

  1. When the Love is Gone... Tips for Resolving FAMILY DISPUTES in Probate
    8:30 - 9:15, Debra L. Scott
  2. CREDITOR CLAIM Conundrums
    9:15 - 10:15, Stephanie Banks
    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
  3. TRUST Traps in Probate
    10:30 - 11:15, Debra L. Scott
    1. Revised Georgia Trust Code and Effects on Probate Decisions
    2. Pour-Over Wills and Relation to Trusts
    3. Trust Pitfalls
  4. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
    11:15 - 12:00, Michael Burns
  5. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    1:00 - 2:30, Michael Burns
    1. The NEW Step-Up Basis AND ATRA Update
    2. State and Federal Estate Tax; Gift Tax Update
    3. Selection of the Tax Year
    4. When to File Form 1041
    5. Portability: Should You File Form 706?
    6. Deductions on the 1041/Final 1040/706
    7. Passive Activity Losses and Basis Adjustments
    8. Transfers on Schedule G and Life Interests
    9. Preparing Final Income Return, Timeline, Forms and Filing Procedures
    10. When a Decedent Didn't File Taxes: IRS Issues
    11. Extensions, Important Elections, Other Deductions
    12. Tax Implications for Sales of Property
  6. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
    2:45 - 3:40, Christopher Steele
    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
  7. Ethical Practice Considerations and Concerns in Probate
    3:40 - 4:40, Michael Peacock
    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

STEPHANIE BANKS has been practicing law and litigation for over 20 years. She is a senior attorney with Broel Law Group, LLC and manages the firm’s Legal Department. In addition to trust, litigation, estate litigation and probate litigation, Ms. Banks has served as corporate in-house counsel for a major electric utility; and she has also practiced and litigated in the following areas: estate planning, administrative law, business contract law, employment law, education law, personal injury, and eminent domain. Ms. Banks received her B.S. degree from Auburn University and earned her J.D. degree from University of Alabama School of Law.

ERIK J. BROEL founded Broel Law Group, LLC, in 2009. The firm was founded as a result of a personal experience Mr. Broel had in his own family when he was in college. When one of his uncles died, Mr. Broel’s aunt was left with what appeared to be a simple estate to settle. Unfortunately, things did not work out that well and all of the property wound up at an estate sale. Although he managed to help save her home, the experience left an indelible mark on him. Because of this experience, Mr. Broel has dedicated himself to helping those who have lost a loved one. The firm’s mission is to make the process of settling an estate as positive as possible. He is a member of the State Bar of Georgia and the Atlanta Bar Association (member, Estate Planning and Probate Section). Mr. Broel earned his B.B.A. degree from Georgia State University and his J.D. degree from Georgia State University School of Law.

MICHAEL BURNS is an attorney with Scroggin & Company PC. He is a frequent speaker in the Atlanta area and his articles have been printed in national publications. Mr. Burns focuses his practice on estate and tax planning, small business representation, trusts, and estate administration. He serves as an adjunct professor at Atlanta's John Marshall Law School and is licensed to practice law in Georgia and Florida. Mr. Burns is a member of the State Bar of Georgia (Tax Section, Business Section, Young Lawyers Division), The Florida Bar (Tax Section), and the Atlanta Bar Association (Estate Planning and Probate Section). He earned his B.A. and B.S. degrees, with honors, from the University of Florida; his J.D. degree, cum laude, from the University of Florida Levin College of Law; and his LL.M. degree in taxation from the University of Florida College of Law.

JAMES M. MISKELL is a principal in the Estate Planning Law Group of Georgia, James M. Miskell P.C., where he concentrates his practice in wills, trusts, estate planning, probate and elder law. He has litigated in nearly all courts in Georgia, including municipal, state and recorder’s court, probate court, superior court, the Court of Appeals, the Georgia Supreme Court, and federal courts. Mr. Miskell earned his B.S. degree from Clemson University and his J.D. degree from the University of Georgia School of Law. He is a member of the State Bar of Georgia (member, Fiduciary Law Section) and Lawyers with Purpose.

JOHN T. MROCZKO practices in the areas of estate planning, estate administration, estate and trust litigation, and tax planning and controversies. He has litigated numerous estate cases throughout Georgia and has developed a strong reputation of excellence in prosecuting and defending cases involving breach of fiduciary duty, including claims against executors and trustees, and disputes between partners and shareholders of closely-held corporations. Mr. Mroczko was selected by Super Lawyers as a 2012 Georgia Rising Star and a 2013 Georgia Rising Star for trust and estate litigation. He serves as the county administrator of Bartow County and Gordon County, Georgia. In addition, Mr. Mroczko serves from time to time as judge pro tempore and guardian ad litem for various probate courts in North Georgia. Mr. Mroczko serves on the Board of Directors of the Civil Justice PAC, Inc. of the Georgia Trial Lawyers Association. He serves on the advisory council of Stetson University College of Law in St. Petersburg, Florida. Mr. Mroczko earned his B.A. degree from Lee University and his J.D. degree from Stetson University College of Law.

MICHAEL PEACOCK is a member with Ney Hoffecker Peacock & Hayle, LLC. He represents clients in general business and estate matters, including organization, operation, and dissolution of small businesses; contract preparation and negotiation; dispute resolution and business litigation; litigation of claims for professional/legal malpractice and breach of fiduciary duty; planning for estates and trusts; and probate and estate administration and litigation. He is a member of the Stonewall Bar Association. Mr. Peacock received his B.A degree, magna cum laude, from Boston University and earned his J.D. degree, with honors, from Emory University School of Law.

DEBRA L. SCOTT is a lawyer with The Scott Practice, LLC, where she represented clients concerning estates and trusts matters and fiduciary disputes. With more than 19 years of experience handling fiduciary matters, in 2014 Ms. Scott introduced a new nonprofit consulting division to the law firm called SP Consulting. She has a law, public health and accounting background. Ms. Scott earned her bachelor's degree from the University of California, Riverside; her law degree from Syracuse University College of Law; and her master's degree from Emory University.

CHRISTOPHER STEELE is an attorney with Chamberlain, Hrdlicka, White, Williams & Aughtry LLP and a member of the firm’s trusts and estates practice group. Mr. Steele focuses his practice on estate and asset protection planning, as well as the administration of complex trusts and estates. He has experience in the preparation of complex wills, revocable and irrevocable trusts, grantor trusts, life insurance planning, planning for incapacity, and complex gifting techniques. Mr. Steele is a member of the State Bar of Georgia (Tax Section and Fiduciary Law Section and Young Lawyers Division, district representative), and Atlanta and America bar associations. He received his B.B.A. degree, from Georgia State University; his J.D. degree from Mercer University; and earned his LL.M. degree in taxation from University of Florida.

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Accreditation Details:

Continuing Legal Education

GA CLE: 13.40 Credit Approval Exp
12/18/2018
Includes - Ethics: 1.00
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 13.4 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 1.0 hour of distance learning ethical considerations.


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