Live Seminar

PROBATE: Everything You Need to Know.

Seminar

Date:

2 Day Seminar
Thursday, April 19, 2018 -
Friday, April 20, 2018

Time:

8:30 AM - 4:40 PM

Product ID#:

78779ER

Location:

Crowne Plaza Seattle

1113 6th Avenue

Seattle, WA 98101-3048

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • WA CLE - 13.25

CPE for Accountants

  • Continuing Professional Education for Accountants - 16.00
  • CPE for Accountants/NASBA - 16.00

Program Description

Top Mistakes, Do's, Don'ts, Tips and Tricks

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 course is for you. From petition to inventory to creditors to closing - this program walks you step by step through the process and procedures, while addressing sticking points along the way. Register today!

  • Get the probate process and procedure - clarified.
  • Find out top alternatives to (and ways to get out of) probate.
  • Get effective tips for proving the validity of the will and petitioning it, as well as how to handle lost wills.
  • Should there be early distribution of assets? Learn how to quickly identify and decide how to handle this potentially problematic procedure.
  • Review procedures for locating and marshalling assets, with sample forms and documents.
  • Discover which valuation method is best and how to ensure accurate appraisals.
  • Get proven tactics for handling 401ks, IRAs, pensions, stocks and retirement plans.
  • Learn how to tackle intestate estate issues, as well as insolvent estates.
  • Gain tips for handling Medicaid estate recovery and VA liens.
  • Identify key tax deadlines and get techniques for preparing, coordinating and filing returns.

Who Should Attend

This basic-to-intermediate level program is designed for attorneys. Accountants and paralegals will also benefit.

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 *

Continuing Professional Education for Accountants – CPE for Accountants: 16.00

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 16.00 *


* 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, Julie Hines
  5. TRUST Traps in Probate
    1:00 - 1:45, Julie Hines
    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.

JULIE HINES is an attorney at the firm of Johnson & Nagaich P.S., where she practices in the areas of elder law, probate, and guardianships. She been admitted to practice in Washington, Virginia, Wisconsin, and the District of Columbia. Prior to joining Johnson & Nagaich, P.S. Ms. Hines practiced civil rights, discrimination, disability and health care law. She has served on the WSBA Civil Rights Section board and on the board for Lawyers Helping Hungry Children. Ms. Hines earned her B.A. degree from the University of Wisconsin-Madison, did graduate studies at Brown University, and earned her J.D. degree from the University of Wisconsin-Madison.

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.

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

WA CLE: 13.25 Includes - Ethics: 1.00
Approved for 13.25 hours of Washington continuing legal education credit, which includes 12.25 hours of Law and Legal Procedure and 1.0 hour of ethics.


Continuing Professional Education for Accountants

WA CPE: 16.00
This program qualifies for 16.0 hours of continuing education credit for accountants.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of distinguishing between probate and non probate assets. Upon completion of this course, attendees should be able to: 1. State the probate process. 2. List two alternatives to probate. 3. State how to prove the validity of the will. 4. List one tip for how to identify probate vs. non probate assets.

National Association of State Boards of Accountancy

N NAS: 16.00 Includes - Regulatory Ethics: 1.00, Specialized Knowledge: 8.00, Taxes: 7.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 16.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of distinguishing between probate and non probate assets. Upon completion of this course, attendees should be able to: 1. State the probate process. 2. List two alternatives to probate. 3. State how to prove the validity of the will. 4. List one tip for how to identify probate vs. non probate assets. Field(s) of Study -- Specialized Knowledge; Taxes; Regulatory Ethics.

Can't Attend?
Purchase the Recording.

Questions


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702