Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78274CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: PROBATE: Everything You Need to Know., held March 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, 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. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  5. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
  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
  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 education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

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

  1. Probate Process and Procedure - Clarified
    8:30 - 9:15, Jacqueline C. Mahland
    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
    9:15 - 9:45, Jacqueline C. Mahland
  3. Is Probate Necessary? Alternatives and Avoidance
    9:45 - 10:30, Eric d. Valente
  4. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    10:45 - 11:15, Theresa N. Turk
  5. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
    11:15 - 12:00, Theresa N. Turk
  6. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    1:00 - 2:00, Theresa N. Turk
    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
    2:00 - 2:45, Robert Chaloupka
    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
    3:00 - 3:55, Amy L. Papesh
    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
  9. Top PROBLEMS in Probate
    3:55 - 4:40, Eric D. Valente
    1. Locating Unknown/Missing Heirs - Best Methods
    2. Locating the Will - Safe Deposit Boxes
    3. Intestate Estates
    4. Death of a Business Owner/Valuation Issues
    5. Property: Probate or Non-Probate
    6. Real Estate
    7. Insolvent Estates
    8. Ancillary Estates
    9. Creditor's Claims
    10. Communications Between Attorney, Fiduciary and Heirs

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, Mark Cicero
  2. CREDITOR CLAIM Conundrums
    9:15 - 10:15, Mark Cicero
    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 - 11:30, Rob Chaloupka
    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
  4. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
    11:30 - 12:30, David DuPlain
  5. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    1:30 - 2:30, David DuPlain
    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, Robert Chaloupka
    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 P. Morley
    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

ROBERT CHALOUPKA is an attorney in Seven Hills, Ohio. He practices in the areas of estate planning, probate, tax, wills and trusts, estate administration, LLCs and partnerships. Mr. Chaloupka earned his B.A. degree, summa cum laude, from Case Western University and his J.D. degree from Case Western Reserve University School of Law.

MARK CICERO is a solo practitioner with Cicero Law Firm, LLC, in Parma Heights, Ohio. Mr. Cicero’s practice is focused on estate planning, probate, asset protection, real estate law, business law, and criminal law. He received his B.A. degree from Cleveland State University and his J.D. degree from the University of Akron, School of Law. Mr. Cicero is a member of the Ohio State Bar Association, the Cleveland Bar Association and the Akron Bar Association.

DAVID DuPLAIN is an attorney at his firm, DuPlain Law. Before opening DuPlain Law, Mr. DuPlain amassed more than 12 years of experience as a legal accountant working in the area of estate planning and administration. Along with handling standard estate and trust matters, Mr. Duplain can counsel clients on gift and estate taxation, generation-skipping transfer (GST) tax, lifetime transfer planning and charitable endowment planning. He can also advise business owners on maintaining proper corporate record books and business succession planning and recapitalization. Mr. DuPlain received his B.S. degree from Kent State University, and his M.Tax. and J.D. degrees from the University of Akron.

JACQUELINE C. MAHLAND is an attorney with Maguire Legal Group. She practices in the areas of probate and estate planning. Ms. Mahland graduated, with honors, from Washington & Jefferson College and earned her J.D. degree from University of Akron School of Law.

MICHAEL P. MORLEY is an attorney in the Akron law firm of Brennan Manna & Diamond, LLC, where he practices in the areas of estate planning and estate administration. He has lectured to the Ohio State Bar Association and various local professional groups on estate planning issues. He is a member of the Akron and Ohio State (Probate, Trust and Estate Planning Section) bar associations and is the past president of the North Central Ohio Estate Planning Council. Mr. Morley is also a member of the Tax and Estate Planning Council of Akron. He earned his B.S.Ed. degree, cum laude, from Miami University, his J.D. degree from the University of Cincinnati, and his LL.M. degree from Capital University.

AMY L. PAPESH is an attorney with the law firm of Elk & Elk Co., Ltd. She focuses her practice on probate administration and estate planning, and heads the firm's probate division. Ms. Papesh has previously lectured for National Business Institute on probate matters. She is admitted to practice in the states of Ohio and Florida; and is a member of the Ohio State, Cleveland Metropolitan and Portage County bar associations. Ms. Papesh is also a member of the Lawyer's Guild of the Catholic Dioceses of Cleveland. She is a trustee for the Aurora Baseball League and also for the Aurora Schools Foundation. Ms. Papesh earned her B.A. degree from John Carroll University and her J.D. degree from Cleveland-Marshall College of Law.

THERESA N. TURK is a cofounder of Turk | Apelis, LLC, where she concentrates in the areas of estate planning, estate administration, elder law, Social Security disability, guardianship, and probate matters. Ms. Turk currently oversees the Ohio Wills for Heroes for Northeast Ohio. This program provides free simple estate planning for first responders such as fire fighters, police officers and emergency medical technicians. She received her B.A. degrees in political science and economics from Ohio University and her J.D. degree from Cleveland-Marshall College of Law. Ms. Turk is a member of the Department of Veterans Affairs (accredited attorney), the Cleveland Metropolitan Bar Association (trustee), the Professional Association Specializing in Seniors, the Lake County Bar Association (Probate Committee), the Geauga County Bar Association and the Ohio State Bar Association.

ERIC D. VALENTE is an attorney and founding member of Valente Law, LLC. His practice areas include estate planning, probate and business law. Mr. Valente began his career doing business litigation at J.W. Krueger & Associates, LLC, where he still maintains an office. He is a member of the Ohio State and Medina bar associations and WealthCounsel. Mr. Valente is admitted to practice in Ohio state courts and federal courts. His main office is in Hudson, Ohio, and has additional office space in Beachwood, Ohio and Brooklyn Heights, Ohio to serve clients throughout the greater Akron, Cleveland area. Mr. Valente's ideal client is a small business owner, where he can represent the business in any transactional needs, and coordinate the business succession plan with the client's personal estate plan. He excels in the areas in which business law and estate planning overlap. While a large part of his practice is focused on planning to avoid probate, he regularly represents probate estates in the Cuyahoga County, Summit County and Medina County Probate courts. Mr. Valente earned his M.B.A. degree while attending law school at the University of Toledo College of Law.

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