Audio CD + Course Book

PROBATE: Everything You Need to Know.

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:

79054CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • ID CLE - 13.25
From Event: PROBATE: Everything You Need to Know., held June 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. TRUST Traps in Probate
  5. FINAL ACCOUNTING in Estate Administration: Everything You Need to Know
  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 ID - Credit Approval Expiration 06/06/2020 *


* 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, Carla Ranum
    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. Is Probate Necessary? Alternatives and Avoidance
    9:30 - 10:15, Steven F. Scanlin
  3. PROBATE VS. NON PROBATE ASSETS - Which Ones Can Pass Outside of Probate?
    10:30 - 11:15, Steven F. Scanlin
  4. INITIAL CONFERENCE and Hearing - Timeline, Documents, Statements and Complications
    11:15 - 12:00, Steven F. Scanlin
  5. ESTATE ADMINISTRATION: Ensuring Executors Know Their Duties
    1:00 - 2:00, Paul M. Seideman
    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
    2:00 - 3:00, Heather Conder
    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
    3:15 - 4:15, Paul M. Seideman
    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
    4:15 - 4:40, Paul M. Seideman
    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, Paul M. Seideman
  2. INSOLVENT Estates - How to Handle Them
    9:15 - 10:00, Paul M. Seideman
  3. CREDITOR CLAIM Conundrums
    10:15 - 11:15, Paul M. Seideman
    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. TRUST Traps in Probate
    11:15 - 12:00 Sean R. Beck
    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
  5. FINAL ACCOUNTING in Estate Administration: Everything You Need to Know
    1:00 - 2:00, Heather Conder
  6. TAX Deadlines, Preparation, Coordination, Filing Returns - AND Top IRS Pitfalls!
    2:00 - 3:00, Steven D. Severn
    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
    3:15 - 3:40, Paul M. Seideman
    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, Steven F. Scanlin
    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

SEAN R. BECK is an attorney at C.K. Quade Law, PLLC, practicing in the areas of Medicaid planning, special needs planning, elder law, and estate planning. He received his B.S. degree from Idaho State University and his J.D. degree from the University of Idaho College of Law. During his final semester in law school, Mr. Beck worked for the Honorable B. Lynn Winmill, Chief District Judge of the United States District Court for the District of Idaho. After graduation, Mr. Beck served as a staff attorney in the Fourth District, Ada County, working first with the Honorable Michael E. Wetherell, and subsequently as the magistrate appeals law clerk. Before finally finding his current passion in the law as an advocate for those with special needs and disabilities, Mr. Beck gained courtroom experience as a deputy prosecuting attorney for Ada County and as a creditors rights attorney.

HEATHER CONDER is an attorney at C.K. Quade Law, PLLC. Ms. Conder currently focuses her practices in the areas of elder law, disability law, estate planning and related litigation. She has acted as an advocate for refugees with disabilities, lobbied for the rights of homeschoolers in Idaho, and worked in humanitarian efforts overseas. She received her B.A. degree from the University of Utah and earned her J.D. degree from Regent University School of Law. Ms. Conder is admitted to practice before the U.S. District Court, District of Idaho and the Supreme Court of the State of Idaho.

CARLA RANUM is a co-founding member and managing partner of Mathieu, Ranum & Allaire, PLLC. She has been practicing law since 1992, both in the U.S. and abroad, and has been in private practice in Boise, Idaho since 2004. Ms. Ranum's practice focuses on estate planning and business law. In the estate planning area, her focus includes wills, trusts, probate, guardianships, conservatorships, and elder law. In the business law area, Ms. Ranum's focus includes asset protection, business formations, business succession, contract drafting and negotiation, reinsurance law and hedge fund due diligence. Before entering private practice, she held senior legal positions in several large companies in Bermuda and Chicago, providing a broad range of transactional and business structuring advice and legal services across multiple jurisdictions. Ms. Ranum is president of the Treasure Valley Estate Planning Counsel and a member of the Taxation, Probate & Trust Law Section of the Idaho State Bar, and has been a speaker at seminars held by National Business Institute, Foxmore Continued Education, and estate planning seminars held in the Treasure Valley. She earned her B.A. degree from the University of New Mexico, her J.D. degree from DePaul College of Law in Chicago, and her M.B.A. degree from the University of Texas at Austin. Ms. Ranum also holds an ARM from the Illinois Insurance Institute. She is licensed to practice law in Idaho and is an approved FINRA arbitrator.

STEVEN F. SCANLIN is a sole practitioner in the Scanlin Law Offices, PLLC, in Boise, Idaho, where he practices in wills, trusts and estate planning, probate, elder law, and guardianships. He offers advice and consultation services at senior citizen centers on wills, trusts and estate planning. Mr. Scanlin is a frequent lecturer for National Business Institute in his areas of expertise. He wrote "A Public Retirement Plan's View of Valuation and Division of Retirement Benefits at Divorce," published by The Advocate, and has conducted continuing legal education on "Drafting Your First Will and Trust in Idaho." Mr. Scanlin earned his B.S.Ed. degree from Montana State University at Billings, his J.D. degree from the University of Idaho, and his M.S.W. degree from Portland State University. He is a member of the Idaho State Bar, the 4th District Bar, and the Idaho Guardianship and Fiduciary Association.

PAUL M. SEIDEMAN is the president and a principal shareholder with Trust and Estate Services Company of Idaho (Tresco of Idaho, Inc.), a professional corporate fiduciary services company based in Boise, Idaho. After graduating from George Fox University in Newberg, Oregon, Mr. Seideman worked in the financial industry for 16 years, primarily as a branch manager for Washington Mutual Bank, before he joined Tresco in 2008. He served as the chief financial officer, overseeing internal business processes and HR policy/procedure for the small company until being promoted to president in 2016. In addition to his leadership role with the company, Mr. Seideman has also been administering probate, conservatorship, and small trust cases for almost a decade. He currently serves on the Board of Directors of the National Guardianship Association. Mr. Seideman has been a national certified guardian through the Center for Guardianship Certification since 2010. He is a past president of the Idaho Guardian and Fiduciary Association where he advocated for greater training and oversight for guardianship and conservatorship in Idaho. Mr. Seideman has also presented several seminars on the topic of probate administration with National Business Institute, as well as speaking at groups such as the Justice Alliance for Vulnerable Adults (JAVA), Southwest Idaho Estate Planning Council, Idaho Planned Giving Council, Idaho Association of Retired Teachers, and the Idaho Association of Certified Fraud Examiners.

STEVEN D. SEVERN, C.P.A., is a partner in the firm of Severn Winkle, L.L.P. The primary focus of Mr. Severn’s practice has been providing services in the areas of taxation, financial statement preparation, and management advisory services including litigation support services. These engagements have involved various issues as an expert witness on business valuation cases, loss determinations on injury or wrongful termination cases, malpractice claims, community verses separate property issues, and property settlement agreements. He graduated from the University of Idaho with a B.A. degree in accounting. Mr. Severn has been retained by both plaintiff and defense attorneys, as well as by the courts as an arbitrator. He has been a presenter at seminars sponsored by the Idaho State Bar, Idaho Law Foundation, and the American Academy of Matrimonial Attorneys on the role of an expert witness in divorce/business valuation cases.

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Accreditation Details:

Continuing Legal Education

ID CLE: 13.25 Credit Approval Exp
06/06/2020
Includes - Ethics: 1.00
This program may qualify for up to 13.25 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.


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