Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78778CDRA

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 April 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, Wills and Probate Problems

  1. Probate Process and Procedure - Clarified
  2. ASSETS: How to Inventory, Locate, Secure, Value and Manage
  3. PROBATE VS. NON PROBATE ASSETS: Is Probate Necessary - Which Ones Can Pass Outside of Probate?
  4. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
  5. WILLS: Proving Validity, Petitioning and Top Problems

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. INSOLVENT Estates - How to Handle Them
  3. CREDITOR CLAIM Conundrums
  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


* 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 - 10:15, Kimberly Martin Turner
    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. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    10:30 - 12:00, Kimberly Martin Turner
    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
  3. PROBATE VS. NON PROBATE ASSETS: Is Probate Necessary - Which Ones Can Pass Outside of Probate?
    1:00 - 2:15, Yahne Miorini
  4. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    2:30 - 3:30, David B. Wilks
    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. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
  5. WILLS: Proving Validity, Petitioning and Top Problems
    3:30 - 4:40, Kimberley A. Murphy
    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

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 - 10:15, Kimberley A. Murphy
  2. INSOLVENT Estates - How to Handle Them
    10:30 - 11:15, Emory E. Hackman Jr.
  3. CREDITOR CLAIM Conundrums
    11:15 - 12:00, Emory E. Hackman Jr.
    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. FINAL ACCOUNTING in Estate Administration: Everything you Need to Know
    1:00 - 1:45, Roger J. McClure
  5. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    1:45 - 2:45, Roger J. McClure
    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
    3:00 - 3:40, David B. Wilks
    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, Kimberley A. Murphy
    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

EMORY E. HACKMAN JR. is a sole practitioner with Emory E. Hackman Law Offices in McLean/Falls Church, who specializes in wealth preservation. He has been an entrepreneur and practicing attorney for more than 40 years. His practice has evolved from a broad scope of services, including foreign financial transactions and a successful public securities offering, to estate planning, administration, wealth preservation, and federal litigation on fraud and concealment. Mr. Hackman is counsel to the Board of Directors of the Virginia Gun Collectors Association. He continues to be in demand to speak before legal, accounting, networking, writing and business groups, such as the Arlington, Fairfax, McLean and American bar associations; the Greater Washington Society of CPAs; the Washington Independent Writers; Third Thursday; and the McLean Estate Planning Council. Mr. Hackman enjoys mentoring other attorneys who are faced with unique, difficult and complex cases. He is a member of the McLean and Arlington bar associations, and the Virginia State Bar. He frequently speaks on the subject of ethics and is listed in Who's Who in America. He earned his B.S. degree from West Virginia University.

ROGER J. MCCLURE is a practicing attorney with Washington Wealth Counsellors® PC and has more than 35 years of experience. He maintains a business, estate and charitable planning law practice based in Virginia. Mr. McClure holds an undergraduate degree in international studies; a master's degree in political science from Northwestern University; and a Juris Doctorate degree, with honors, from the Ohio State University Law School. He has conducted civil and criminal trials in local courts, represented creditors in bankruptcy proceedings, and litigated antitrust and trade regulation cases involving the largest corporations in America in federal regulatory proceedings. Mr. McClure served 10 years in the Virginia legislature (House of Delegates), has been a radio talk show host, received a bronze star for service in Vietnam, and has written and published several books and numerous articles in professional publications. He regularly blogs on business and estate planning at www.wealthcounsellors.com. Mr. McClure is a sought after speaker nationally. Through Wealth Counsel and his professional associations, he works with professionals in every state to assist their clients in solving problems and enhancing planning. Mr. McClure is immediate past president of the Northern Virginia Estate Planning Council.

YAHNE MIORINI is the founder and principal of Miorini Law PLLC, a law firm based in Northern Virginia. She focuses her practice on domestic and international estate planning, probate, trust administration and related tax matters, elder law (guardianship, conservatorship, special needs, and long term care), and Veterans' Benefits. Ms. Miorini is licensed in the District of Columbia, Maryland, New York and Virginia. She is a member of the National Academy of Elder Law Attorneys (NAELA) and served as president of its Virginia chapter, VAELA. She is also accredited by the U.S. Veterans Administration, and has served as the chair of the Elder Law Section of the Fairfax Bar Association, past co-chair of the Wills, Trusts, and Estates Section of the Fairfax Bar Association and was named Pro Bono Lawyer of the Year in 2006 by the Fairfax Bar Association. Ms. Miorini is the past treasurer of the McLean Estate Planning Council. Additionally, she is the president of the Comité Tricolore, a non-profit organization dedicated to helping French citizens in need. Ms. Miorini is a recurring author of articles about wills, trusts, estates, taxes, and elder law matters for a French-language periodical called La Plume that is published by the Washington Accueil Association (WAA). She has lectured on the areas of estate planning and estate and trust administration for several business professional groups. Ms. Miorini earned her J.D. degree from the University of La Sorbonne, in Paris, France and her LL.M. degree from the George Washington University Law School.

KIMBERLEY A. MURPHY has been a partner and principal attorney of the law firm of Hale Ball Carlson Baumgartner Murphy, PLC, in Fairfax, where she concentrates her practice in the areas of administrative law (professional license compliance), estates and trusts (administration and litigation), and business/civil (litigation). She has appeared on numerous occasions before many circuit courts throughout the Commonwealth, in addition to the Court of Appeals of Virginia and the Supreme Court of Virginia, as well as the Virginia Department of Health Professions and Department of Alcoholic Beverage Control. Ms. Murphy is admitted to practice before the Supreme Court of the United States. She earned her B.A. degree from Michigan State University and her J.D. degree, magna cum laude, from Michigan State University College of Law.

KIMBERLY MARTIN TURNER is an attorney with Jackson & Campbell, P.C. in Washington, D.C. where she concentrates her practice on estate planning, probate, and estate and trust administration in Virginia, Maryland, and the District of Columbia. Ms. Turner drafts wills and trusts and she handles all aspects of estate and trust administration, including probate, accountings, and the preparation and review of estate and fiduciary tax returns. She also serves as counsel to executors and trustees and she represents fiduciaries in probate courts in the District of Columbia, Maryland, and Virginia. She has lectured at CLE programs on estate planning and administration issues in Virginia and the District of Columbia. Ms. Turner is a former adjunct professor at The George Washington University Law School, where she taught transactional legal drafting. She earned her B.A. degree from the University of Virginia and her J.D. degree from Georgetown University Law Center. She is a member of the bar in Virginia, Maryland, and the District of Columbia.

DAVID B. WILKS is a shareholder with Vanderpool, Frostick & Nishanian, P.C., where he practices in the business, estate planning, estate and trust administration, and tax areas of the firm’s scope of legal services. He is a member of the U.S. Tax Court, Prince William County Bar Association (Tax and Wills and Trusts sections), Virginia State Bar (Tax, Business, Wills and Trusts sections), American Bar Association (Taxation Division), and the Northern Virginia Estate Planning Council. Mr. Wilks is a frequent lecturer, and he has lectured in numerous programs sponsored by civic, educational and business groups on various estate planning, estate and trust administration, and tax issues. Mr. Wilks was named one of the Legal Elite in the Law of Taxes, Estates & Trusts from 2014-2016. He earned his B.A. degree, with honors, from Duke University, his J.D. degree from Washington & Lee University School of Law, and his Masters of Laws in Taxation from the Marshall-Wythe School of Law of the College of William & Mary.

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

VA CLE:
This content has been approved for Virginia Mandatory Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.


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