Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

January, 2018

Product ID#:

78163CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 13.25
From Event: PROBATE: Everything You Need to Know., held January 2018.

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, and Wills

  1. Probate Process and Procedure - Clarified
  2. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
  3. MEDI-CAL Estate Recovery, VA Liens and More
  4. Is Probate Necessary? Alternatives and Avoidance
  5. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  6. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
  7. WILLS: Proving Validity, Petitioning and Top Problems
  8. ASSETS: How to Inventory, Locate, Secure, Value and Manage

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

  1. INSOLVENT Estates - How to Handle Them
  2. CREDITOR CLAIM Conundrums
  3. TRUST Traps in Probate
  4. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
  5. Income and Estate Tax Issues
  6. Top PROBLEMS in Probate
  7. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
  8. Ethical Practice Considerations and Concerns in Probate

Continuing Education Credit

Continuing Legal Education – CLE: 13.25 CA - Credit Approval Expiration 01/29/2020 *


* denotes specialty credits

Agenda / Content Covered

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

  1. Probate Process and Procedure - Clarified
    8:30 - 9:20, Heather R. Chubb
    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. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
    9:20 - 10:10, Heather R. Chubb
  3. MEDI-CAL Estate Recovery, VA Liens and More
    10:25 - 11:15, Amy Ochi
  4. Is Probate Necessary? Alternatives and Avoidance
    11:15 - 12:05, Heather R. Chubb
  5. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    1:05 - 1:55, Heather R. Chubb
  6. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    1:55 - 2:45, Alexandria I. Goff
    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?
  7. WILLS: Proving Validity, Petitioning and Top Problems
    3:00 - 3:50, Sheri L. Hoffman
    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
  8. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    3:50 - 4:40, Sheri L. Hoffman
    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: Insolvent Estates, Creditor Issues, Trusts, Taxes and Final Accounting

  1. INSOLVENT Estates - How to Handle Them
    8:30 - 9:25, Michelle A. Martin
  2. CREDITOR CLAIM Conundrums
    9:25 - 10:15, Michelle A. Martin
    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 - 11:25, Jerilyn Paik
    1. Tax and Probate Issue for Living Trusts
    2. Bypass, Testamentary and Disclaimer Trust Issues
    3. Special Needs Trusts in the Probate Court
    4. Problems When Naming or Identifying Trust Beneficiaries
    5. Problems with Successor Trustees
    6. Mediation and Other Alternative Dispute Resolution
  4. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
    11:25 - 12:15, Jerilyn Paik
  5. Income and Estate Tax Issues
    1:15 - 1:45, Margaret H. Fulton
    1. Federal Estate Tax and Gift Tax Update
    2. Selection of the Tax Year
    3. Tax Implications for Sales of Property
    4. When to File Form 1041
    5. Portability: Should You File Form 706?
    6. Preparing Final Income Tax Return, Timeline
  6. Top PROBLEMS in Probate
    1:45 - 2:35, Margaret H. Fulton
    1. Locating Unknown/Missing Heirs - Best Methods
    2. Intestate Estates
    3. Death of a Business Owner/Valuation Issues
    4. Bond
    5. Locating Assets and Creditors Years After Death of Decedent
    6. Unpaid Creditors' Claims Years After Probate Opened
    7. Property: Exempt; Marital; Homestead
    8. Incarcerated Beneficiary
    9. Taking of Personal Property Upon Death
    10. Petition to Sell House, Partition Proceedings
  7. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
    2:50 - 3:40, Ashley M. Clower
    1. Preparation, Obtaining Releases and Waivers
    2. Orders, Timing of Distributions, Releases
    3. Distribution to Incarcerated Beneficiary
    4. Distributions to Post-Deceased Beneficiary
    5. When Beneficiaries are Minors
    6. Prelinary and Partial Distributions and Disclaimers
    7. Ensuring Thorough Accounting and Settlement of the Estate
    8. Extending, Closing and Re-Opening an Estate
  8. Ethical Practice Considerations and Concerns in Probate
    3:40 - 4:40, Daniel A. Hunt
    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

HEATHER R. CHUBB is a life transitions lawyer with The Chubb Law Firm, based in the Sacramento area. Ms. Chubb focuses her practice on estate planning, probate, trusts, wills, estate administration and elder law; including Medi-Cal and VA benefit planning. She has presented to attorneys and is a frequent speaker to life insurance agents, financial planners, CPAs and the public on a variety of estate planning, elder law and trusts issues. Ms. Chubb is a member of the State Bar of California (Trusts and Estates Section); the National Academy of Elder Law Attorneys (NAELA); Elder Care Matters; ElderCounsel and WealthCounsel, LLC. She earned her B.S. degree from the University of Maine at Orono and J.D. degree from the University of the Pacific, McGeorge School of Law.

ASHLEY M CLOWER is an attorney with Robinson & Fulton Law where she practices estate planning. Ms. Clower is licensed to practice law before all of the courts of the state of California. She is a member of the Capitol City Trial Lawyers Association, Women Lawyers of Sacramento, and the State Bar of California. Ms. Clower earned her B.A. degree from the University of California, Davis, and J.D. degree from the University of the Pacific, McGeorge School of Law.

MARGARET H. FULTON is a partner with Robinson & Fulton Law with offices in Sacramento and Auburn where she practices in the areas of special needs planning, estate administration and planning, and incapacity planning. Ms. Fulton is certified as a specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization. She is a member of the Academy of Special Needs Planners, National Academy of Elder Law Attorneys, and the American Agricultural Law Association. Ms. Fulton is admitted to practice in California. She is a member of the State Bar of California. She earned her B.A. degree from the University of California at Berkeley, J.D. degree from Hastings College of the Law in San Francisco, and LL.M. degree in taxation from McGeorge School of Law in Sacramento.

ALEXANDRIA I. GOFF is the founder and principal of The Law Office of Alexandria Goff in Rocklin where she focuses on transactional law including estate planning and equine matters. Ms. Goff is admitted to practice in California. She is a member of the State Bar of California, American Bar Association, South Placer Estate Planning Council, and The Schwartz/Levi Chapter of the American Inns of Court. Ms. Goff earned her B.S. degree from the California State University, Sacramento, and J.D. degree from University of California, Davis School of Law.

SHERI L. HOFFMAN is a partner in the law firm of Hoffman & Hoffman which has offices in Folsom and Cameron Park. Ms. Hoffman has been an attorney for more than 20 years and focuses her practice on estate planning, probate and trust administration. Ms. Hoffman is a certified legal specialist in estate planning, trust and probate law by The California Board of Legal Specialization; and a member of the State Bar of California, and the Sacramento County and El Dorado County bar associations. She earned her B.A. degree from the University of California, Davis, and her J.D. degree from Golden Gate University. She and her firm have helped hundreds of individuals and families plan and administer their estates. She has lectured to financial advisors and certified public accountants on matters related to estate planning and administration of estates.

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.

MICHELLE A. MARTIN is an attorney with Robertson Law Group where she focuses her practice on estate planning and estate administration. Ms. Martin is a certified specialist in estate planning, trust, and probate law. She is also a member of the State Bar of California (Trusts and Estates Section), the Placer County Bar Association, the Sacramento County Bar Association, and the South Placer Estate Planning Council. Ms. Martin earned her B.A. degree from California State University, Sacramento, and J.D. degree from University of Pacific, McGeorge School of Law.

AMY OCHI is the owner of Ochi Law P.C., where her practice area includes trust and estate documents to avoid probate, planning for incapacity and long term care, including Medi-Cal and Veteran's benefits, trust administration, and probate. Ms. Ochi a member of both the State Bar of California (Trusts and Estates Section), the State Bar of Arizona, and South Placer Estate Planning Council (board member). She applies her mediation background to help clients avoid litigation. Ms. Ochi earned her B.A. degree from Macalester College and J.D. degree from Wake Forest University School of Law. Ochi Law P.C., is a member of WealthCounsel, LLC, a cooperative alliance of nationally recognized estate planning professionals dedicated to bringing clients the finest estate planning services possible.

JERILYN PAIK is the principal of the Law Offices of Jerilyn Paik and is certified as a specialist in estate planning, trust and probate law by the State Bar of California, Board of Legal Specialization. She has more than 30 years of experience in her areas of specialization, including litigation and disputed trust and probate matters, and is regarded as one of the top experts in her field. She successively defended the trustee at trial, which was upheld in a published opinion by the Third DCA. Ms. Paik is AV rated with the national directory, Martindale-Hubbell, which is the highest rating offered, and has been named as a Super Lawyer, estate planning and probate, since 2004, and a Top Lawyer by Sacramento Magazine in her areas of specialty. She has lectured at several colleges and law schools and is a frequent presenter on probate, estate planning and trust administration for continuing education programs for attorneys and other professionals. Ms. Paik has served as a temporary judge and is an approved mediator for the Sacramento County Superior Court. She is a past president of Women Lawyers of Sacramento and was the chair of the Probate and Estate Planning Section of the Sacramento County Bar Association. Ms. Paik earned her B.A. degree from the University of Southern California and her J.D. degree, with distinction, from Loyola Law School, Los Angeles.

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Accreditation Details:

Continuing Legal Education

CA CLE: 13.25 Credit Approval Exp
01/29/2020
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 13.25 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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