Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78256CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • NH CLE - 13.30
From Event: PROBATE: Everything You Need to Know., held February 2018.

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. Law Update; Rule Changes; Recent Developments
  3. Is Probate Necessary? Alternatives and Avoidance
  4. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  5. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
  6. Wills and Trust Contests and Other Litigation Claims
  7. ASSETS: How to Inventory, Locate, Secure, Value and Manage

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

  1. CREDITOR CLAIM Conundrums
  2. TRUST Traps in Probate
  3. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
  4. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
  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: 13.30 NH - Credit Approval Expiration 02/14/2021 *


* denotes specialty credits

Agenda / Content Covered

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

  1. Probate Process and Procedure - Clarified
    8:30 - 9:45, Alyssa Graham
    1. Jurisdiction and Venue Issues
    2. Laws of Intestacy/Heirship; Exceptions
    3. Situs vs. Ancillary
    4. Process and Procedures: Waiver vs. Full Administration
    5. Initial Steps in the Process
    6. Executor Appointment; Taxpayer ID
    7. Certificate of Appointment
    8. Sample Executor Letter to Beneficiaries
    9. Sample Forms and Documents
  2. Law Update; Rule Changes; Recent Developments
    10:00 - 10:45, Alyssa Graham
  3. Is Probate Necessary? Alternatives and Avoidance
    10:45 - 11:30, Alyssa E. Pockell
  4. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    11:30 - 12:15, Alyssa E. Pockell
  5. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    1:15 - 2:15, Laura T. Tetrault
    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?
  6. Wills and True Contests and Other Litigation Claims
    2:15 - 3:30, Ralph F. Holmes
    1. Valid and Trust Validity Requirements
    2. Grounds for Invalidation
    3. Burdens of Proof
    4. Discovery and Strategy
    5. POA Accounting Actions
    6. Pretermitted Heir Claims
    7. Breach of Fiduciary Duty Claims
  7. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    3:45 - 4:40, Laura T. Tetrault
    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: Creditor Issues, Trusts, Taxes and Final Accounting
  1. CREDITOR CLAIM Conundrums
    8:30 - 9:45, Alyssa Pockell
    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
  2. TRUST Traps in Probate
    10:00 - 11:00, Lucas Burke
    1. TEDRA in Probate
    2. Living Trusts, Revocable - Tax and Probate
    3. Bypass, Testamentary and Disclaimer Trust Issues
    4. The ABLE Program/AB Trusts; Special Needs Trusts
    5. Trusts Serving as the Beneficiary
  3. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
    11:00 - 11:45, Lucas Burke
  4. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    12:45 - 2:00, Rodger O. Howells
    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
  5. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
    2:00 - 3:25, Nelson A. Raust
    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
    3:40 - 4:40, Lucas Burke
    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

LUCAS BURKE is an attorney at Ransmeier & Spellman P.C., in their Concord, New Hampshire office. Mr. Burke focuses his practice on estate planning and administration, U.S. and multinational trust and estate administration, and transfer planning for family owned and small businesses. Prior to joining Ransmeier & Spellman P.C., he was a trusts and estates associate at a midsize Boston law firm and had a trusts and estates solo practice in Charlestown Massachusetts. Mr. Burke received his B.A. degree from Bowdoin College and he earned his J.D. degree from Northeastern University School of Law. He is a member of the New Hampshire Bar Association, the Boston Bar Association and the Massachusetts Bar Association.

ALYSSA GRAHAM is an attorney with the Bedford law firm of Ansell & Anderson P.A. She focuses her practice on estate planning, trust and estate administration, probate, and related tax planning. Ms. Graham received her B.A. degree from Boston University, her J.D. degree from Suffolk University Law School and her LL.M. in taxation from Boston University School of Law. She is licensed to practice in New Hampshire and Massachusetts. Ms. Graham is a member of the New Hampshire Bar Association's Trust & Estate Law Section and the New Hampshire Estate Planning Council.

RALPH F. HOLMES is an attorney with the firm of McLane, Graf, Raulerson & Middleton, P.A., where he handles medical malpractice, probate and commercial litigation. He has written numerous articles for the professional legal press on issues of trial practice. Mr. Holmes earned his B.A. degree from Lafayette College and his J.D. degree from Boston College. He is a member of the New Hampshire and the American bar associations, and The American Association for Justice. Mr. Holmes has served as legal counsel to the Greater Manchester Chamber of Commerce and president of the New Hampshire Association for Justice.

RODGER O. HOWELLS is a managing member at Rodger O. Howells, LLC, where he provides pro-active tax planning and business solutions to a diverse client base. He has been a certified public accountant in New Hampshire since 1989. Mr. Howells is an adjunct instructor at the New Hampshire Technical Institute, teaching federal income taxation. He previously was an adjunct instructor at Southern New Hampshire University, teaching federal income taxation I and II. He has been published in the New Hampshire Practice Series: Family Law, Fourth Edition (Volumes 3 and 3A). Mr. Howells earned his M.S. degree in taxation from Bentley College, and his B.S. degree in accounting from St. Francis College.

ALYSSA E. POCKELL is a partner with the law firm of Forman, Clark, Pockell & Associates, P.A. She assists clients from her firm's Londonderry, Concord, Portsmouth offices in New Hampshire, as well her offices in Burlington, Braintree and Newton, Massachusetts. Her practice focuses primarily on estate planning, probate, and trust administration. Ms. Pockell lectures frequently to financial and tax professionals on estate planning, special needs trust planning and probate issues. She received her B.A. degree from New England College in political science and her J.D. degree from Suffolk University Law School. Ms. Pockell is a member of the Massachusetts Bar Association and the New Hampshire Bar Association.

NELSON A. RAUST is a director with the law firm of Ransmeier & Spellman P.C., with offices in Concord, New Hampshire, and Andover, Maryland. Since 1988, Mr. Raust has focused much of his practice on elder law and disability issues, assisting seniors and their families with issues relating to Medicaid, Medicare, Social Security, guardianships, nursing homes and assisted living facilities. Mr. Raust also prepares special needs trusts for families with adult or minor children with special needs. He is a frequent speaker on estate planning, Medicaid planning, special needs trusts and probate issues. He is a member of New Hampshire (Elder Law, Estate Planning and Probate Section) and Manchester bar associations, the New Hampshire Estate Planning Council, and the National Academy of Elder Law Attorneys. Mr. Raust also is a founding member and incorporator of the New Hampshire Chapter of the National Academy of Elder Law Attorneys (NAELA). Mr. Raust earned his B.A. degree, magna cum laude, from the University of Rochester; his J.D. degree from Vanderbilt University School of Law; and his LL.M. degree from Boston University School of Law.

LAURA T. TETRAULT is an attorney at Barradale, O’Connell, Newkirk & Dwyer, P.A., located in Bedford, New Hampshire. Ms. Tetrault concentrates her practice in estate planning, trust and estate administration, elder law and long-term care planning and she is licensed to practice in both New Hampshire and Massachusetts. Ms. Tetrault graduated with her B.A. degree from the University of New Hampshire and she earned her J.D. degree from Suffolk University Law School. She is a member of the New Hampshire Bar Association, the New Hampshire Women’s Bar Association and the National Academy of Elder Law Attorneys.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

NH CLE: 13.30 Credit Approval Exp
02/14/2021
Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


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