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Audio CD + Course Book

Probate Boot Camp

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77424CDRA

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 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 education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

Day 1

  1. First Steps
    9:00 - 10:00, Melissa P. Hunter
    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, Melissa P. Hunter
    1. Duties, Powers, and Responsibilities
    2. Personal Representative Guide/Instructions
    3. Compensation Guidelines
  3. Marshalling/Valuing Assets
    11:15 - 12:00, Wesley H. Blacksher
    1. Statutory Requirements
    2. Collecting, Maintaining and Managing Assets
    3. Valuation Tools and Experts
  4. Handling Debts and Creditor Claims
    1:00 - 2:00, Wesley H. Blacksher
    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
    2:00 - 3:00, J. Robert Turnipseed
    1. Portability Rules, Claiming Unused Exemption
    2. Homestead Allowance
    3. How to Determine the Elective Share Estate
    4. Elective Share Rights and Procedure
  6. Post-Mortem Planning, Trust Administration, and Tax Hurdles
    3:15 - 4:30, R. Mark Kirkpatrick
    1. Trust Administration
    2. Post-Mortem Tax Planning
    3. Problems With Elections and Non-Probate Assets (IRA Distributions and Their Tax Consequences)
    4. The Shares of Minors in an Estate
    5. How to Calculate the Omitted Spouse Share or Omitted Child Share
    6. Shares of Disabled Adults and Means-Tested Government Benefits
    7. Finding Real Estate, Bank Accounts, Life Insurance, Intangibles, etc.

Day 2

  1. Probating Estates that Include a Business
    9:00 - 10:00, J. Robert Turnipseed
    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
  2. Ethics
    10:00 - 11:00, R. Gregory Watts
    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 Estates
    11:15 - 12:00, R. Gregory Watts
  4. Probate Litigation
    1:00 - 1:45, R. Mark Kirkpatrick
    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 - 2:45, Chris Knight
    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
    3:00 - 4:00, Chris Knight
    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?
    4:00 - 4:30, Chris Knight

WESLEY H. BLACKSHER is a sole practitioner whose practice is concentrated in the areas of probate, real estate, personal injury, collections and bankruptcy. He earned his B.B.A. degree from Millsaps College; his J.D. degree from the Cumberland School of Law, Samford University; his M.B.A. degree from the University of South Alabama; and his LL.M. degree, in taxation, from the University of Alabama. Mr. Blacksher has lectured on probate before various business and professional groups. He is a member of the National Academy of Elder Law (NAELA), the National Consumer Law Center (NCLC), as well as the Mobile and American bar associations and the Alabama State Bar.

MELISSA P. HUNTER is an attorney with the law firm of Galloway, Wettermark, Everest and Rutens LLP, in Mobile. Ms. Hunter practices in the areas of probate and estate planning, insurance defense, employment law and civil litigation. She received her B.A. degree from Birmingham-Southern College and her J.D. degree from the University of Alabama. Ms. Hunter is a member of the Alabama State Bar and is also admitted to practice in the U.S. District Court for the Southern and Middle districts of Alabama, as well as the U.S. Court of Appeals, Eleventh Circuit. She is a member of the Alabama Defense Lawyers Association, the Mobile Bar Association, South Alabama Volunteer Lawyer's Program and the Mobile Bar Association Women's Lawyers.

R. MARK KIRKPATRICK is an attorney with Coale, Dukes, Kirkpatrick & Crowley, P.C. He focuses in the areas of business law, taxation, employee benefits, estate and trust administration, and probate. Mr. Kirkpatrick is a certified estate planning law specialist, The Estate Law Specialist Board, Inc., and is an accredited estate planner. He is vice president and president elect of the Estate Planning Law Specialist Board, Inc., an attorney-run affliate of the National Association of Estate Planners & Councils in Cleveland, Ohio; and The Board of Directors of the Estate Planning Law Specialist Board, Inc., which administer the Estate Planning Law Specialist certification program, the only ABA accredited program for certification of an attorney as an estate planning law specialist. Mr. Kirkpatrick earned his B.S. degree, cum laude, from the University of Alabama; his J.D. degree from the University of Alabama; and his LL.M. degree, in taxation, from the New York University.

CHRIS KNIGHT is an attorney at the Magnolia Law Firm, in Decatur, Alabama, where he handles both litigation and transactional matters in the fields of estate planning, special needs planning, ethical wills, health care planning, elder law, employment discrimination, protection from abuse, education law, disability law, torts, contracts, civil litigation, criminal law, and probate law. He has presented CLEs to the Morgan County Bar Association and other informational matters to UCP, NAMI, autism support groups, as well as sponsoring the University of Alabama's Autism Conference. Mr. Knight also has participated in the Wills for Heroes program. He earned his undergraduate degree from Rhodes College; his J.D. degree from the University of Texas, where he was the Oveta Culp Hobby Presidential Scholar in Law; his master's degree from the LBJ School of Public Affairs; and his LL.M. degree in taxation from the University of Alabama. Mr. Knight is a member of the Alabama State Bar.

J. ROBERT TURNIPSEED is a partner in the law firm of Armbrecht Jackson, LLP in Mobile. Mr. Turnipseed practices primarily in the areas of trusts and estates, business succession planning, business transactions, mergers and acquisitions, bankruptcy, tax planning, and probate. He is the immediate past chair for the Closely Held Business Committee of the Section of Taxation of the American Bar Association, and has been a speaker or panel participant both locally and nationally on a variety of tax and business planning topics. Mr. Turnipseed received his B.A. degree from Auburn University, his J.D. degree from Cumberland School of Law and his L.L.M. degree from the University of Alabama School of Law. He is a member of the American Bar Association, the Fellows of the American Bar Association, the Alabama Bar Association, the Mobile Bar Association, the Estate Planning Council of Mobile, Inc., and The Mississippi Bar.

R. GREGORY WATTS is a member with Johnstone Adams, LLC, where he focuses his practice on tax and trusts and estate planning. He earned his B.A. degree, with highest honors, from the University of Notre Dame; his J.D. degree from the University of Alabama; and his LL.M. degree in Taxation from Emory University. Mr. Watts maintains membership in the tax sections of several bar associations and has received multiple recognitions for his work in tax, trusts and estate law. He is also on the editorial board of the Alabama Law Review, is a member of the board of trustees of the American Federal Tax Institute, and is a member of the planning committee for the annual estate planning seminar for the Alabama State Bar.

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

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Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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