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Audio CD + Course Book

Probate Boot Camp

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77377CDRA

Audio + Course Book

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From Event: Probate Boot Camp, held December 2017.

Program Description

When the client is no longer there to make his or her voice heard, the task of interpreting his/her wishes to accurately settle the estate falls on your shoulders. Do you have all the tools you'll need? This truly start-to-finish course will take you through each stage of probate and offer time-tested techniques to handle challenges at each step of the way. Get up to speed on the latest court rulings and tax rules, on the proper application of the exemption portability and the most effective post-mortem planning tactics. Whether you're a beginner or a veteran practitioner, you'll find information you can use - order today!

Course Content

DAY 1:

  1. First Steps
  2. Educating the Personal Representative
  3. Marshalling/Valuing Assets
  4. Handling Debts and Creditor Claims
  5. Spouses' Elective Share vs. Second Probate
  6. Probating Estates that Include a Business

DAY 2:

  1. Post-Mortem Planning, Trust Administration, and Tax Hurdles
  2. Ethics
  3. Probating Insolvent and Bankrupt Estates
  4. Probate Litigation
  5. Ancillary Probate and Other Problem Areas
  6. Closing the Estate
  7. Reopening Estates - When, How and Why?

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 12.00 IL * 12/06/2019
CLE 11.00 VA * 10/31/2018

* denotes specialty credits

Agenda / Content Covered

Day 1

  1. First Steps
    9:00 - 10:00, Kevin F. Bress
    1. The First 48 Hours
    2. Locating the Will and Beneficiaries
    3. Choosing the Best Form of Administration
    4. The Estate Timeline - What Must Be Done
    5. Probate Court Filing Procedures and Forms
    6. Initial Notices to Creditors, Beneficiaries and State Agencies
    7. Laws of Intestacy
  2. Educating the Personal Representative
    10:00 - 11:00, Kevin F. Bress
    1. Duties, Powers, and Responsibilities
    2. Personal Representative Guide/Instructions
    3. Compensation Guidelines
  3. Marshalling/Valuing Assets
    11:15 - 12:15, Joseph M. Schnitzer
    1. Statutory Requirements
    2. Collecting, Maintaining and Managing Assets
    3. Valuation Tools and Experts
  4. Handling Debts and Creditor Claims
    1:15 - 2:45, Joseph M. Schnitzer
    1. Validating Claims
    2. Priority of Creditor Rights
    3. Selling Property to Satisfy Claims
    4. Tax Claims and Liens
  5. Spouses' Elective Share vs. Second Probate
    3:00 - 3:30, David A. Hall
    1. Portability Rules, Claiming Unused Exemption
    2. Homestead Allowance
    3. How to Determine the Elective Share Estate
    4. Elective Share Rights and Procedure
  6. Probating Estates that Include a Business
    3:30 - 4:30, David A. Hall
    1. Business Interests of the Decedent (Particularly Failing Business Interests)
    2. Fiduciary's Authority/Obligation to Continue Decedent's Business
    3. Disputes Between the Estate and Business Partners
    4. Implementing the Business Succession Plan

Day 2

  1. Post-Mortem Planning, Trust Administration, and Tax Hurdles
    9:00 - 9:45, Matthew F. Penater
    1. Trust Administration
    2. Post-Mortem Tax Planning
    3. The Shares of Minors in an Estate
    4. Finding Real Estate, Bank Accounts, Life Insurance, Intangibles, etc.
  2. Ethics
    9:45 - 10:45, Richard Mayberry
    1. Whom do You Represent? Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Practicing Law in More than One State
  3. Probating Insolvent and Bankrupt Estates
    11:00 - 11:45, Barrett R. King
  4. Probate Litigation
    12:45 - 1:45, David A. Hall
    1. The Ability of the Estate to Sue or Be Sued
    2. Causes of Action
    3. Procedural Rules and Evidentiary Provisions
    4. Lost and Contested Wills
    5. Deed Contests
    6. Fiduciary Misconduct, Liability, Disputes with Beneficiaries
  5. Ancillary Probate and Other Problem Areas
    1:45 - 2:30, Barrett R. King
    1. Property in Other States
    2. Multiple Estates, Property in Multiple Jurisdictions within a State
    3. Lapsed or Void Gifts
    4. Death Before Divorce is Finalized
    5. Avoiding Foreclosure of a Probate Asset
    6. Title Problems
    7. Issues with Foreign Parties/Assets
  6. Closing the Estate
    2:45 - 3:45, Adam Zimmerman
    1. Formal Closing
    2. Informal Closing by Statement of Personal Representative
    3. Final Distributions to Beneficiaries and Liability of Distributees
    4. Tax Returns - Estate and Income, State and Federal
    5. Final Accounting and Discharge of Fiduciary
    6. Inconsistencies Between Inventory and Final Accounting
  7. Reopening Estates - When, How and Why?
    3:45 - 4:30, Adam Zimmerman

KEVIN F. BRESS is a managing member in the law firm of Pessin Katz Law, P.A., where he practices in the areas of estate administration and planning, trusts, and elder law. He is an adjunct professor at the University of Baltimore, where he teaches in both the graduate tax program and at the law school in the areas of estate taxation and elder law. He is a member of the National Academy of Elder Attorneys and the Maryland State Bar Association (Estates and Trust Law Section; Elder Law Section). Mr. Bress earned his bachelor's degree from the University of Maryland and both his master's and J.D degrees from the University of Baltimore.

DAVID A. HALL is a member attorney with King|Hall LLC. He provides representation in fiduciary litigation, transactional matters, and estate planning. Mr. Hall has practiced law before the U.S. District Court, the U.S. Bankruptcy Court, and U.S. Tax Court. He is admitted to the Maryland Bar, U.S. District Court for the District of Maryland, and the U.S. Tax Court. Mr. Hall is a member of the American Bar Association, Maryland State Bar Association and Howard County Bar Association. He earned his J.D. degree, cum laude, from the American University Washington College of Law; his M.A. degree from the American University School of International Service; and his B.A. degree, cum laude, from Salisbury University.

BARRETT R. KING is a member attorney in the law firm of King|Hall LLC, where he focuses his practice on representing parties in fiduciary matters such as guardianships and probate or trust litigation. He routinely serves as court-appointed guardian, personal representative and trustee and has testified as an expert witness in guardianship matters. With regard to matters of taxation, Mr. King defends clients in tax controversies involving Maryland and federal tax authorities. He is admitted to practice before the U.S. Tax Court, the U.S. District Court for Maryland, and the U.S. Supreme Court. Mr. King is a member of the Maryland State and District of Columbia bar associations. He earned his B.A. degree from Salisbury University and his J.D. degree, cum laude, from the University of Baltimore School of Law.

RICHARD MAYBERRY is the principal of the Mayberry Law Firm and is of counsel to Miorini Law PLLC, in McLean, Virginia. His areas of expertise include estate planning, estate administration and elder law. In his law practice, Mr. Mayberry assists families with wills, living trusts, powers of attorney, probate, special needs trusts, nursing home related matters, such as financing long-term care, qualification/contesting government benefits, end of life issues, attendant income, and gift and estate tax issues. He has also advised foundations and other tax-exempt organizations. Mr. Mayberry is a frequent speaker in metro Washington D.C. and has taught continuing professional education seminars to professionals such as the Virginia Society of CPAs, the Northern Virginia Insurance and Financial Advisors Association, and bar associations on technical aspects of the law. He graduated from the George Washington University Law School. Mr. Mayberry is past chair of the Estate Planning and Elder Law Committee of the District of Columbia Bar.

MATTHEW F. PENATER is a partner in the law firm of Elville & Associates, P.C. Mr. Penater practices primarily in the areas of probate/estate administration, estate planning, trust creation/administration, business law and tax law. In his estates and trusts practice, he assists clients from a broad spectrum of net worth in customizing estate plans that meet their specific family’s needs while limiting their exposure to estate tax and gift tax when necessary. In his business and tax law practice, he assists clients in structuring business transactions from both a tax-related and business organization standpoint, including company formation (including S-corporations, partnerships and LLC’s) and the creation/implementation of business succession plans. Mr. Penater is a member of the Maryland State Bar Association, Inc., American Bar Association, and the Howard County Bar Association. He earned his bachelor’s degree from the University of Scranton; his J.D. degree, cum laude, from the University of Baltimore School of Law; and his LL.M. degree from the University of Baltimore School of Law.

JOSEPH M. SCHNITZER is a managing member of the Baltimore firm of Schnitzer & Hymer, L.L.C., where he practices in the areas of business entities, taxation, estates, trusts and healthcare law. He has lectured for the MICPEL, Maryland Association of CPAs and other business groups on the topics of limited liability companies, the representation of healthcare providers and choice of business entities, and various estate planning topics. Mr. Schnitzer is a contributing writer and editor of Maryland Limited Liability Company Forms and Practice Manual, Data Trace Legal Publishing. He is a certified public accountant in Maryland. Mr. Schnitzer is a member of the Bar Association of Baltimore County, the Maryland State Bar Association (member, Special Joint Committee on Maryland Limited Liability Company Act and Tax Section) and the Baltimore Estate Planning Council. He earned his B.S. degree from Towson State University and his J.D. degree from the University of Baltimore School of Law.

ADAM ZIMMERMAN is an attorney with the law firm of Thomas, Ronald, Cooper & Krumpe, P.A., in Towson, Maryland. Mr. Zimmerman represents individuals and families in developing their estate plans of varying levels of complexity, supporting personal representatives in navigating the probate process, administering trusts, petitioning for guardianship, assisting with entity formation and business transactions. He has a background in commercial real estate and commercial real estate finance. Mr. Zimmerman is a member of the Maryland State Bar Association. He earned his B.A. degree from the University of Wisconsin-Madison and his J.D. degree from the University of Baltimore School of Law.

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

IL CLE: 12.00 Credit Approval Exp
12/06/2019
Includes - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 12.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of Legal Ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


VA CLE: 11.00 Credit Approval Exp
10/31/2018
Includes - Ethics: 1.00
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 11.0 hours of credit, which includes 1.0 hour of ethics. Beginning November 1, 2011, pre-recorded programs are limited to eight credit hours for annual MCLE compliance. A minimum of four credit hours from live interactive courses is required.


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Mail: NBI
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