Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78779CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • WA CLE - 13.25
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? 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. Is Probate Necessary? Alternatives and Avoidance
  3. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
  4. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
  5. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
  6. WILLS: Proving Validity, Petitioning and Top Problems
  7. ASSETS: How to Inventory, Locate, Secure, Value and Manage
  8. 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. INSOLVENT Estates - How to Handle Them
  3. CREDITOR CLAIM Conundrums
  4. MEDICAID Estate Recovery, VA Liens and More
  5. TRUST Traps in Probate
  6. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
  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 WA - Credit Approval Expiration 04/19/2023 *


* 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, Bruce R. Moen
    1. Jurisdiction and Venue Issues
    2. Probate Jurisdiction and TEDRA Jurisdiction;
    3. Laws of Intestacy/Heirship;
    4. Primary vs. Ancillary;
    5. Process and Procedures: First Steps
    6. Second Step: Taking the Long View at the Beginning and
    7. Preparing for Foreseeable Issues
  2. Is Probate Necessary? Alternatives and Avoidance
    9:30 - 10:15, James C. Bates
  3. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    10:30 - 11:15, James C. Bates
  4. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
    11:15 - 12:00, Chandra M. Lewnau
  5. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    1:00 - 1:45, Colleen M. LaMotte
    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: Proving Validity, Petitioning and Top Problems
    1:45 - 2:30, Catherine N. Connell
    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. ASSETS: How to Inventory, Locate, Secure, Value and Manage
    2:45 - 3:40, Catherine N. Connell
    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
  8. Top PROBLEMS in Probate
    3:40 - 4:40, Anton Cauthorn
    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, Anton Cauthorn
  2. INSOLVENT Estates - How to Handle Them
    9:15 - 10:00, Annie N. Arbenz
  3. CREDITOR CLAIM Conundrums
    10:15 - 11:15, Annie N. Arbenz
    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. MEDICAID Estate Recovery, VA Liens and More
    11:15 - 12:00, Jan G. Zager
  5. TRUST Traps in Probate
    1:00 - 1:45, Sherman L. Snow
    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
  6. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    1:45 - 2:45, Victoria S. Byerly
    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
  7. Handling DISTRIBUTIONS and Closing the Estate Without a Hitch
    3:00 - 3:40, Sarah L. Moen
    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
  8. Ethical Practice Considerations and Concerns in Probate
    3:40 - 4:40, Randolph Petgrave Sr.
    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

ANNIE N. ARBENZ is an attorney for Andrews & Arbenz PLLC, where she focuses on estate planning and trust and estate administration. She handles various elements of general business law, including advice and recommendations regarding general corporate matters, entity choice and business operations, real estate, employment matters, and mergers and acquisitions. Ms. Arbenz is a member of Pierce County Bar Association and the Washington State Bar Association (Real Property, Probate and Trust Section and the Business Law Section). She earned her B.A. degree from the University of Washington and her J.D. degree from Gonzaga University School of Law.

JAMES C. BATES is an attorney with the Tacoma law firm of Luce & Associates, P.S. Since 1997, Mr. Bates has limited his practice to the areas of estate planning (trusts, both revocable and irrevocable, wills, and powers of attorney), estate administration, (trust settlement, probate and guardianships), retirement tax and business succession planning. He is a frequent speaker on estate planning and elder law topics. Mr. Bates is a member of the National Academy of Elder Law Attorneys, Tacoma-Pierce County Bar Association, and the Washington State Bar Association. He earned his B.A. degree from Miami University and his J.D. degree from the University of Akron School of Law.

VICTORIA S. BYERLY is the principal of Victoria S. Byerly, P.S. Her practice areas include public finance, tax, elder law, estate planning, probate and trust administration. Ms. Byerly was formerly with the law firm of Gonzalez Saggio and Harlan, LLP, where she was senior counsel in its nationally recognized public finance team. She is also an adjunct professor of law at Seattle U Law School where she teaches accounting and finance. She has been appointed to the Washington State Bar Association's Disciplinary Board and continues to be a member of the National Association of Bond Lawyers' Tax Committee. Ms. Byerly has extensive transactional experience and is admitted to practice in Washington State, before the IRS and U.S. Tax Court.

ANTON CAUTHORN is an attorney with Reed Longyear Malnati & Ahrens PLLC, focusing his practice on estate planning, tax planning, and small business planning. Mr. Cauthorn is a member of the Washington State Bar Association (Estate and Gift Tax Committee, QLaw Judicial Evaluation Committee), and the Northwest LGBT Senior Care Providers Network. He received his B.A. degree from the University of Washington, his J.D. degree, cum laude, from the University of San Diego School of Law and his LL.M degree in tax law with a focus on estate tax planning and small business planning.

CATHERINE N. CONNELL is an attorney with K&L Gates, where her areas of practice include trusts and estates, including tax planning, wealth transfer strategies, business succession planning, asset protection, charitable gifting, prenuptial and postnuptial arrangements, and document preparation related to these personal planning matters. She is admitted to practice in Washington. Ms. Connell is a member of the King County Bar Association (Real Property Section, and Probate and Trust Section) and the Washington State Bar Association. She earned her B.S. degree from Washington State University and her J.D. degree from the Seattle University School of Law.

COLLEEN M. LaMOTTE is an attorney with Skellenger Bender where her practice focuses on estate planning, probate (including TEDRA and small estate administration), and guardianship. Ms. LaMotte is a member of the Washington State Bar Association and the King County Bar Association. She earned her B.S. degree from the University of Washington and her J.D. degree, cum laude, from Seattle University School of Law.

CHANDRA M. LEWNAU practices in the areas of estate planning, probate, small business and nonprofit law. Ms. Lewnau is a member of the Washington State Bar Association and the King County Bar Association's Guardianship and ElderLaw Section Outreach Committee, and volunteers at the KCBA's Elderlaw Clinic and Nonprofit Assistance Center Clinic. She graduated from Harvard University and earned her J.D. degree from the University of Texas School of Law.

BRUCE R. MOEN is an attorney at Moen Law Offices, P.S., where his practice is limited to the administration of estates and litigation related to estates. Mr. Moen has lectured previously on trusts and estates, and estate litigation; and has written chapters of the Washington State Bar Association's Desk Book on Family Law regarding guardianships and guardianship litigation. He has been quoted as a commentator by the Washington State Supreme Court in the opinion of In Re Estate of Toth, 138 Wn.2d 650 (1999) and was referred to as "an acknowledged expert in the field of administration of trusts, guardianships, and estates," by the Court of Appeals in the unpublished opinion of In Re Estate of Sullivan, Washington State Court of Appeals, Division I, Docket No. 49266-7-I, February 13, 2004. Mr. Moen is a member of the Washington State and American bar associations. He earned his B.A. degree from the University of Washington and his J.D. degree from the University of Oregon.

SARAH L. MOEN, with the Moen Law Offices, P.S., has more than 10 years experience in probate, trust, and guardianship matters. In addition to representing professional and lay fiduciaries, she has been appointed as a fiduciary by the court on multiple occasions to serve as personal representative or guardian ad litem in complex administrations. Ms. Moen is admitted to practice before all courts in the state of Washington, the United States District Court for the Western District of Washington, the United States Court of Appeals for the Ninth Circuit, and the United States Tax Court. She is the currently the treasurer of the Guardianship and Elder Law Section of the King County Bar Association and served as the Seattle vice-chair from 2012-2014. She has had several articles published and has spoken at numerous legal seminars on fiduciary administrations. Ms. Moen received her B.A. degree (English with a writing emphasis) from the University of Washington, her J.D. from Whittier Law School, and her LL.M. (taxation) from Villanova University School of Law. While studying for her LL.M., she interned at the District Counsel's Office of the Internal Revenue Service in Philadelphia, Pennsylvania.

RANDOLPH PETGRAVE SR. is a partner in the Seattle firm of Petgrave & Petgrave, PLLC. He earned his undergraduate degree from the U.S. Military Academy at West Point; his LL.M. from the University of Washington; and his J.D. degree, cum laude, from Gonzaga University, Mr. Petgrave has since focused his practice on estate planning, probate and probate litigation, and civil litigation. He has served for over 10 years with the Washington State Bar Association as a bar examiner, drafting wills and trusts, and ethics questions. Mr. Petgrave is a lieutenant colonel in the U.S. Army Reserve, Judge Advocate General's Corps.

SHERMAN L. SNOW is the principal attorney for Snow Law PLLC, where he focuses his practice in the areas of estate planning, probate, and non-profit. He was formerly with Dorsey & Whitney's Seattle office where he worked in tax, trusts, and estates. Mr. Snow earned his B.A. degree from Seattle Pacific University and his J.D. degree from Seattle University School of Law.

JAN G. ZAGER is an estate and special needs planning attorney in Mercer Island, Washington. She has dedicated her practice to making a difference in people’s lives by providing them with information, tools, and advocacy to protect their assets, relationships, and dignity over their lifetime. Ms. Zager represents and counsels families regarding elder law and estate planning, guardianship, and special needs planning. Previously, she practiced corporate litigation at a large New York City law firm, where she was counsel to a class of mentally disabled people who sued the Social Security Administration for using the wrong standards in evaluating mental illness. Ms. Zager then became legal director of a non-profit educational advocacy agency and maintained a private practice, counseling and representing families of children with special needs as well as representing children and adults in New York’s family courts in custody, juvenile justice, child welfare and domestic violence cases. She graduated from Bryn Mawr College and Stanford Law School.

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Accreditation Details:

Continuing Legal Education

WA CLE: 13.25 Credit Approval Exp
04/19/2023
Includes - Ethics: 1.00
This program may qualify for up to 13.25 hours of Washington continuing legal education (Self Study) A/V credit, which includes 12.25 hours of Law and Legal Procedure and 1.0 hour of ethics.


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