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Live Seminar

Probate Boot Camp

Seminar

Date:

2 Day Seminar
Thursday, April 26, 2018 -
Friday, April 27, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78776ER

Location:

Millennium Maxwell House Hotel

2025 Rosa L. Parks Blvd.

Nashville, TN 37228

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • TN CLE - 12.00

CPE for Accountants

  • CPE for Accountants/NASBA - 14.00

Other

  • IACET - 1.20
  • PACE - 14.00

Program Description

Your Definitive Guide to the Probate Process

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 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. Join your colleagues for two days of engaging discussion and legal analysis and get up to speed on the latest court rulings and tax rules, 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 come away with information you can use - register today!

  • Walk through the first steps of the probate process and make sure all the interested parties are notified.
  • Help personal representatives learn their role and duties in the process.
  • Accurately assess the value of all the assets.
  • Clear the estate of all debts and liens.
  • Transfer the business interests of the decedent to the intended recipients.
  • Properly administer trusts to avoid overpaying tax and to ensure proper distribution to beneficiaries.
  • Effectively resolve will and trust contests and argue fiduciary liability.
  • Learn how the rules of professional conduct translate into highly ethical practices.
  • Follow estate closing procedures to the letter to prevent any follow-up disputes.

Who Should Attend

This two-day, basic-to-intermediate level seminar is designed for:

  • Attorneys
  • Accountants/CPAs
  • Financial Planners
  • Trust Officers/Administrators/Managers
  • Tax Professionals
  • Enrolled Agents

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. Business Interests of the Decedent

DAY 2:

  1. Probate Litigation
  2. Tax Matters in the Administration of Decedent's Estates
  3. Ethics
  4. Ancillary Probate and Other Problem Areas
  5. Closing the Estate
  6. Reopening Estates - When, How and Why?

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *

International Association for Continuing Education Training – IACET: 1.20

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *

Professional Achievement in Continuing Education – PACE: 14.00 *


* denotes specialty credits

Agenda / Content Covered

Day 1

  1. First Steps
    9:00 - 10:00, Written by Gordon B. Olswing and Frank J. Steiner. Presented by Gordon B. Olswing in Memphis and Frank J. Steiner in Nashville.
    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
    10:15 - 11:15, Written by Gordon B. Olswing and Frank J. Steiner. Presented by Gordon B. Olswing in Memphis and Frank J. Steiner in Nashville.
    1. Duties, Powers, and Responsibilities
    2. Personal Representative Guide/Instructions
    3. Compensation Guidelines
  3. Marshalling/Valuing Assets
    11:15 - 12:15, Written by Grayson Smith Cannon. Presented by Gregory D. Cotton in Memphis and Grayson Smith Cannon in Nashville.
    1. Statutory Requirements
    2. Collecting, Maintaining and Managing Assets
    3. Valuation Tools and Experts
  4. Handling Debts and Creditor Claims
    1:15 - 2:15, Written by Peter T. Dirksen. Presented by M. Matthew Thornton in Memphis and Peter T. Dirksen in Nashville.
    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
    2:15 - 3:15, Written by Peter T. Dirksen and Mitchell I. Lansky. Presented by Mitchell I. Lansky in Memphis and Peter T. Dirksen in Nashville.
    1. Portability Rules, Claiming Unused Exemption
    2. Homestead Allowance
    3. How to Determine the Elective Share Estate
    4. Elective Share Rights and Procedure
  6. Business Interests of the Decedent
    3:30 - 4:30, Written by Paul S. Parker. Presented by Mitchell I. Lansky in Memphis and Paul S. Parker in Nashville.
    1. Obligations and Authority of Fiduciary Concerning Business Interests of the Estate
    2. Buy-Sell Agreements and Estate Administration
    3. Form of Transaction Involved With Disposition of Business Interests
    4. Valuation of Business Interests
    5. Tax Implications of Business Succession Plans
    6. Implementing the Business Succession Plan
    7. Resolving Disputes Between the Estate and Business Partners

Day 2

  1. Probate Litigation
    9:00 - 10:00, Written by Jacob Mason. Presented by J. Vincent Perryman in Memphis and Jacob Mason in Nashville.
    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
  2. Tax Matters in the Administration of Decedent's Estates
    10:15 - 11:15, Written by Paul S. Parker. Presented by J. Vincent Perryman in Memphis and Paul S. Parker in Nashville.
    1. Income Taxes in Estate Administration
    2. Estate Administration and Transfer Taxes
    3. Proper Utilization of the Unified Credit
    4. Tax Cost Basis and Estate Administration
    5. Marital Bequests and Tax Implications
    6. Post-Mortem Tax Planning and Administration
  3. Ethics
    11:15 - 12:15, Written by Chasity S. Grice and Ralph Z. Levy Jr. Presented by Chasity S. Grice in Memphis and Ralph Z. Levy Jr. in Nashville.
    1. Whom do You Represent? Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Practicing Law in More Than One State
  4. Ancillary Probate and Other Problem Areas
    1:15 - 2:15, Written by Ralph Z. Levy Jr. Presented by Edward T. Autry in Memphis and Ralph Z. Levy Jr. in Nashville.
    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
  5. Closing the Estate
    2:15 - 3:15, Written by Chasity S. Grice and Alexander S. Fasching. Presented by Chasity S. Grice in Memphis and Alexander S. Fasching in Nashville.
    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
  6. Reopening Estates - When, How and Why?
    3:30 - 4:30, Written by Alexander S. Fasching. Presented by M. Matthew Thornton in Memphis and Alexander S. Fasching in Nashville.
April 24 - April 25 Memphis

EDWARD T. AUTRY is a member of the Williams McDaniel law firm in the trusts, estates & personal planning and litigation & dispute resolution service teams. Mr. Autry concentrates his practice in the areas of estate planning, estate and trust administration, and estate and trust litigation. He is licensed in multiple states and regularly represents clients and administers estates in Tennessee, Mississippi, Arkansas and Alabama. Mr. Autry is admitted to practice in Tennessee, Mississippi, Alabama, Arkansas, Georgia and the District of Columbia. He is certified as a specialist in estate planning by the Estate Law Specialist Board, Inc., and he is certified as an accredited estate planner (AEP) by the National Association of Estate Planners & Councils (NAEPC). Mr. Autry is a member of the National Association Estate Planners & Councils, the Estate Planning Council of Greater Memphis, the Memphis Bar Association, The Mississippi Bar and the Arkansas Bar Association. He earned his B.S. degree from Berry College and his J.D. degree from the University of Memphis.

GREGORY D. COTTON is a sole practitioner in Memphis, where his practice is concentrated in the areas of probate, corporate, personal injury, products liability, domestic relations, and criminal law. Mr. Cotton is a member of the Birmingham, Memphis-Shelby County, and Tennessee bar associations; and the Alabama State Bar. He earned his B.A. degree from the University of Alabama and his J.D. degree from the Cumberland School of Law of Samford University.

CHASITY S. GRICE is an attorney with Peppel, Grice & Palazzolo, P.C., where she practices in the areas of probate, estate planning, and elder law. Before joining the firm, she worked for certified public accounting firms and also opened her own law practice. Ms. Grice also is an adjunct professor at the University of Memphis where she teaches family law and estates, trusts, and probate law in the Legal Studies department. She is a member of the Memphis Bar Association (Probate, Estate, and Trust section), the Dallas Bar Association, the Estate Planning Counsel of North Dallas, the Tennessee Bar Association (District Representative for Memphis, Young Lawyer's Division), the Annual Wills for Heroes clinic (coordinator), the American Bar Association (Trusts and Estates fellow, Real Property Trust & Estate Section) and the American Bar Foundation (fellow). Ms. Grice is also a Young Leader of the American College of Trust and Estate Counsel. She is admitted to practice in Tennessee and Texas. Ms. Grice earned her B.A. degree, magna cum laude, from Clark Atlanta University and her J.D. degree, with a concentration in transactional tax planning, from the University of Tennessee College of Law.

MITCHELL I. LANSKY is a member of the Lansky Law Firm, where he practices in the areas of estate planning and corporate law. He earned his B.S. and B.A. degrees from the University of Florida, his LL.M. degree from Washington University, and his J.D. degree from Cumberland School of Law - Samford University. Mr. Lansky is a member of the Memphis Bar Association.

GORDON B. OLSWING is an attorney with Dowden Worley Jewell & Olswing PLLC, where he practices in the areas of probate, business, and civil litigation in state and federal Courts. Mr. Olswing also serves as a Shelby County deputy divorce referee in the Circuit and Chancery Courts for the Thirtieth Judicial District at Memphis. He is a Tennessee Supreme Court Rule 31 certified family law and general civil mediator. Mr. Olswing frequently represents clients in Probate Court in probate estate, guardianship and conservatorship proceedings. He is regularly appointed by Probate Courts to serve as guardian ad litem, attorney ad litem, special master and interim conservator. Mr. Olswing has assisted numerous families in the Probate Court in establishing conservator and guardianships, in contesting and probating wills and in the administration of both simple and complex estate matters. He is admitted to practice before all federal, state, and local courts in Tennessee and before the United States Tax Court. Mr. Olswing earned his J.D. degree from the University of Memphis, Cecil C. Humphreys School of Law, where he was a member of the Law Review and Moot Court Board.

J. VINCENT PERRYMAN opened his own firm, after working with a well-established Memphis law firm focused on estate planning and taxation. His goal is to add value to each client's life through honest and thoughtful legal representation. Mr. Perryman is admitted to practice in Tennessee, and is a member of the Memphis Bar Association, the Tennessee Bar Association and the Leo Bearman, Sr. American Inn of Court. He earned his B.S. degree from the University of Memphis; his LL.M. degree from the University of Washington; and his J.D. degree from the University of Memphis, Cecil C. Humphreys School of Law.

M. MATTHEW THORNTON is a member of the Memphis law firm of Bourland, Heflin, Alvarez, Minor & Matthews, PLC, where he practices in the areas of probate administration and litigation. He earned his B.S. and J.D. degrees from the University of Tennessee in Knoxville. Mr. Thornton has participated in the Leo Bearman, Sr. American Inn of Court and is a graduate of the TBA Leadership Law Class of 2005. He formerly served on the Executive Council of the Estate Planning and Probate Section of the TBA. Mr. Thornton is a frequent speaker at seminars regarding estate administration tips and techniques.

April 26 - April 27 Nashville

PETER T. DIRKSEN is a senior vice president and wealth strategies advisor for U.S. Trust, Bank of America Private Wealth Management. His responsibilities include offering value added solutions to bank customers by coordinating the delivery of tax, estate planning, and financial consulting services to high-net-worth individuals and families. Mr. Dirksen works closely with clients and their outside advisors to provide specialized wealth management and fiduciary services. He is a member of The Florida Bar, State Bar of Georgia, and the Nashville Bar Association. Mr. Dirksen earned his B.B.A. degree from the University of Georgia, his J.D. degree from Mercer University, and his LL.M. degree from the University of Florida.

ALEXANDER S. FASCHING is an attorney with the law firm of Russ Cook & Associates, P.C., located in Brentwood, Tennessee. Mr. Fasching is the head of the probate department at his firm and he focuses his practice on probate and trust administration, probate litigation and estate planning. He graduated with his B.A. degree from the University of Minnesota, Minneapolis, Minnesota and he earned his J.D. degree from William Mitchell College of Law in St. Paul, Minnesota. Mr. Fasching is licensed to practice law in Tennessee and he is a member of the Nashville Bar Association (Probate Committee).

RALPH Z. LEVY JR. is of counsel with Dickinson Wright PLLC, a full-service law firm with over 400 attorneys with offices in Michigan; Tennessee; Arizona; Florida; Nevada; Ohio; Kentucky; Texas; Washington, D.C.; and Toronto, Ontario. His areas of practice include entity formation and operation, entrepreneurial business services, estate planning and family succession planning, health enterprises and transactions, and tax planning and controversies. In almost 40 years of practicing law, Mr. Levy's extensive experience includes private practice, as well as serving for more than ten years as general counsel, executive vice president, and secretary for Gambro Healthcare, Inc., a national provider of dialysis services. He is a member of the Tennessee Bar Association and the Nashville Bar Association. Mr. Levy earned his A.B. degree, cum laude, from Colgate University; his LL.M. degree from New York University; and his J.D. degree from Vanderbilt University School of Law.

JACOB MASON is the owner of Heritage Law Group, PLLC. Mr. Mason focuses his practice on estate planning, elder law, probate and veteran’s benefits. He is licensed to practice law in both Kentucky and Tennessee, and is an accredited attorney with the U.S. Department of Veterans Affairs. Mr. Mason graduated, cum laude, with B.S. degrees in biology and economics from the University of Kentucky. He earned his J.D. degree from Washington & Lee University School of Law. Mr. Mason is a member of the American Bar Association, the Kentucky Bar Association, the Tennessee Bar Association. He is also a member of WealthCounsel and ElderCounsel, as well as the Senior Services Network.

PAUL S. PARKER is a shareholder in the Nashville law firm of Dodson, Parker, Behm & Capparella, P.C., practicing in the areas of estate planning and probate, tax, small business, and corporation law. Mr. Parker has been practicing law for 30 years and has lectured for National Business Institute and other groups on matters related to choice of business entity, estate planning, and probate. He co-wrote West's probate forms for their Tennessee Practice Legal Forms Book. Mr. Parker is a past treasurer for the Nashville Bar Association, and a member of the Tennessee Bar Association (Tax Section) and American Bar Association (Tax Section). He earned his B.A. degree, cum laude, from Cornell College and his J.D. degree from Vanderbilt University.

GRAYSON SMITH CANNON is an attorney in the Gallatin firm of Phillips & Ingrum, where her main areas of practice are Social Security, domestic relations law, family law, and probate. She has previously lectured on Social Security disability matters for National Business Institute. Ms. Smith Cannon has also lectured on Social Security issues, wills and estates, and probate before the public and other attorneys. She is a member of the National Organization of Social Security Claimants' Representatives, Lawyers Association for Women, and the Tennessee and Nashville bar associations. Ms. Smith Cannon earned her B.A. degree from Rhodes College and her J.D. degree from Nashville School of Law.

FRANK J. STEINER practices in the areas of probate, probate litigation, wills and estates; employment law; personal injury; and business law. He is a member of the Tennessee Employment Lawyers Association; AAJ American Association for Justice; and the Nashville, Tennessee and American bar associations. Mr. Steiner earned his B.A. degree from the University of Kentucky, his M.S. degree from the University of Memphis, his J.D. degree from South Texas College of Law, and his Ph.D. degree from Indiana University.

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

TN CLE: 12.00 Includes - Ethics: 1.00
This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 12.0 hours of credit, including 1.0 hour of ethics.


International Association for Continuing Education Training

N IACET: 1.20
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 1.2 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Relay what must be done within the first 48 hours of the decedent's passing. 2. List at least 3 (three) duties of a personal representative. 3. Restate statutory requirements of marshalling and governing assets in probate. 4. Identify key deciding factors in choosing what property to sell to satisfy creditor claims. 5. Explain how to determine the spouse's elective share. 6. Clarify the personal representative's authority and responsibility in regards to the decedent's business. 7. Identify common causes of action related to fiduciary liability. 8. State what taxes affect the decedent's estate. 9. Explain how ABA rules of professional conduct are applied in probate practice. 10. Solve the problem of ancillary probate in estates with property in more than one state. 11. Compare probate inventory with the final accounting and explain the discrepancies. 12. List at least three common reasons for reopening the estate.

National Association of State Boards of Accountancy

N NAS: 14.00 Includes - Behavioral Ethics: 1.00, Specialized Knowledge: 12.00, Taxes: 1.00
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 14.0 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 each stage of probate. This course will: - Present what must be done within the first 48 hours of the decedent’s passing. - Identify at least 3 (three) duties of a personal representative. - Examine statutory requirements of marshalling and governing assets in probate. - Identify key deciding factors in choosing what property to sell to satisfy creditor claims. - Present how to determine spouse’s elective share. - Clarify the personal representative’s authority and responsibility in regards to the decedent’s business. - Present ways to determine the share of a minor in an estate. - Explain how ABA rules of professional conduct are applied in probate practice. - Present how bankruptcy affects probate. - Identify common causes of action related to fiduciary liability. - Examine how to solve the problem of ancillary probate in estates with property in more than one state. - Compare probate inventory with the final accounting and explain the discrepancies. - Identify at least three common reasons for reopening the estate. Field(s) of Study -- Behavioral Ethics; Specialized Knowledge; Taxes.

Professional Achievement in Continuing Education

N PACE: 14.00 Includes - Chartered Advisor for Senior Living: 14.00
This seminar qualifies for 14.0 PACE (Professional Achievement in Continuing Education) credit hours for CASL.


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