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Live Seminar

Probate Boot Camp

Seminar

Date:

2 Day Seminar
Thursday, May 17, 2018 -
Friday, May 18, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78865ER

Location:

Holiday Inn Golden Gateway

1500 Van Ness Avenue

San Francisco, CA 94109

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 12.00

CPE for Accountants

  • CPE for Accountants/NASBA - 14.00

Other

  • 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. Probating Estates that Include a Business

DAY 2:

  1. Post-Mortem Planning, Trust Administration, and Tax Hurdles
  2. Ethics
  3. Probate Litigation
  4. Ancillary Probate and Other Problem Areas
  5. Closing the Estate and Reopening Estates

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 *

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 and presented by Steven R. Pogue in San Jose and Jeffrey S. Tachiki in Concord and San Francisco.
    1. Choosing the Best Form of Administration
    2. The Estate Timeline - What Must Be Done
    3. Initial Notices to Creditors, Beneficiaries and State Agencies
    4. Laws of Intestacy
  2. Educating the Personal Representative
    10:00 - 11:00, Written and presented by Ralph T. Kokka in San Jose and Jeffrey S. Tachiki in Concord and San Francisco.
    1. Duties, Powers, and Responsibilities
    2. Personal Representative Guide/Instructions
    3. Compensation Guidelines
  3. Marshalling/Valuing Assets
    11:15 - 12:00, Written by Heather Ledgerwood and Ritzi K. Lam. Presented by Heather Ledgerwood in San Jose, Ritzi K. Lam in Concord and Roxanne T. Jen in San Francisco.
    1. Statutory Requirements
    2. Collecting, Maintaining and Managing Assets
    3. Valuation Tools and Experts
  4. Handling Debts and Creditor Claims
    1:00 - 2:15, Written by Heather Ledgerwood. Presented by Heather Ledgerwood in San Jose, James B. Creighton in Concord and Roxanne T. Jen in San Francisco.
    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
    2:30 - 3:30, Written and presented by Andrea Starrett in San Jose and James B. Creighton in Concord and San Francisco.
    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, Written and presented by Ralph T. Kokka in San Jose and James B. Creighton in Concord and San Francisco.
    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 - 10:00, Written by Jennifer F. Scharre and Thea Beatie Eliot. Presented by Jennifer F. Scharre in San Jose, James B. Creighton in Concord, and Thea Beatie Eliot in San Francisco.
    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.
  2. Ethics
    10:00 - 11:00, Written by Jennifer F. Scharre. Presented by Jennifer F. Scharre in San Jose, James B. Creighton in Concord, and Roxanne T. Jen in San Francisco.
    1. Whom do You Represent? Conflicts of Interest
    2. Protecting Client Confidentiality
    3. Attorney Fees
    4. Practicing Law in More than One State
  3. Probate Litigation
    11:15 - 12:00, Written by David J. Brillant and Michael E. Freedman. Presented by Erin N. Kolko in San Jose, David J. Brillant in Concord, and Michael E. Freedman in San Francisco.
    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
  4. Ancillary Probate and Other Problem Areas
    1:00 - 2:30, Written by Rachel A. Dodson. Presented by Erin N. Kolko in San Jose, James B. Creighton in Concord, and Rachel A. Dodson in San Francisco.
    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 and Reopening Estates
    2:45 - 4:30, Written and presented by Heather Ledgerwood in San Jose and James B. Creighton in Concord and San Francisco.
    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

THEA BEATIE ELIOT is a certified specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization with Thompson Welch Soroko & Gilbert LLP, where she has worked exclusively in the trusts and estates field after determining in law school that the practice was an ideal combination of intellectual challenge and opportunity to improve people’s lives. She graduated from the University of Paris, Sorbonne, through Scripps College with her literature and art history studies. She received her B.A. degree in comparative literature from Reed College; her J.D. degree, cum laude, from Seattle University Law School; and her LL.M. in taxation with honors from Golden Gate University. She is a member of the State Bar of California, San Francisco Estate Planning Council, Marin County Estate Planning Council, San Francisco Bar Association (Estate Planning, Probate and Trust Section; Taxation Section) and the Marin County Bar Association (Probate and Estate Planning Section, Tax Law Section). (San Francisco location)

DAVID J. BRILLANT is an attorney in Walnut Creek at Brillant Law Firm, A Professional Corporation, where he practices in the areas of estate planning, probate and tax. Mr. Brillant is a certified specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization. He has previously lectured for National Business Institute on probate matters. Mr. Brillant is a member of the State Bar of California (member, Trusts and Estates and Real Property sections), the American Bar Association (member, Tax and Real Property Trust and Probate sections), the San Francisco Bar Association and the California Young Tax Lawyers. He earned his B.S. degree, cum laude, from the University of Santa Clara; his J.D. degree from Golden Gate University; and his LL.M. degree, with honors, from Golden Gate University. (Concord location)

JAMES B. CREIGHTON is an attorney with Creighton Law Offices where his current practice areas include consulting with clients and other attorneys on estate planning, probate, and trust administration matters, serving as an expert witness in litigated matters involving trusts and estates. Mr. Creighton is a certified specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization. He provides educational webinars and video logs (“vlogs”) on topics related to estate planning, probate, and trust law to attorneys, clients, and law students and is serving as an adjunct professor of estates and trusts at law schools located in Northern California. Mr. Creighton has taught professional-level courses in estate planning to professional groups and associations in the San Francisco Bay Area including the CalCPA Society - Peninsula/Silicon Valley Chapter, the Peninsula Estate Planning Council, and the Senior Roundtable of San Mateo. Mr. Creighton received his B.S. degree, summa cum laude from California State University and his J.D. degree from UC, Hastings College of Law. (Concord and San Francisco locations)

RACHEL A. DODSON is an associate at Roisman Henel LLP, where she practices in the areas estate planning, probate, trust administration, guardianship, and conservatorship matters. She graduated from the University of Washington School of Law. While in law school, Ms. Dodson was an extern for the Honorable Justice Owens of the Washington State Supreme Court and for the Honorable Judge Barreca of the United States Bankruptcy Court. She was also a student attorney for the Federal Tax Clinic where she represented low-income clients who had ongoing disputes with the IRS. She also earned her Master of Public Administration from the Evans School of Public Policy and Governance at the University of Washington, and her Bachelor of Arts in history from the University of Pennsylvania. She is a member of the East Bay Trusts and Estates Lawyers, AIDS Legal Referral Panel, East Bay Tax Club, Women Lawyers of Alameda County, East Bay Estate Planning Council, and the Alameda County Bar Association. (San Francisco location)

MICHAEL E. FREEDMAN is the principal attorney at the Freedman Law Firm, APC, where he practices estate planning, administration, and litigation, as well as elder law litigation. Most recently, Mr. Freedman successfully defended a client in a petition for interpretation, reformation, accounting and removal of trustee. He also won a $280,000 verdict against a professional trustee who mishandled family trust fund. Mr. Freedman is a certified specialist in estate planning, trust and probate law by the State Bar of California Board of Legal Specialization. He is also a court appointed judicial arbitrator for the San Francisco County Superior Court. Mr. Freedman is a member of the Bar Association of San Francisco Estate Planning, Trust and Probate Section and the State Bar of California Trust and Estates Section. He earned his B.A. degree, magna cum laude, from State University of New York and his J.D. degree from Temple University School of Law. (San Francisco location)

ROXANNE T. JEN is an attorney with Rodnunsky & Associates. She works with individuals, families, and corporations on legal matters pertaining to trust and estate planning. Her expertise spans a wide range of trust administration and probate issues, in partnership with individual administrators and corporate trustees. Ms. Jen is a certified specialist in estate planning, trust and probate law. She received her undergraduate degree from the University of Washington. She also holds J.D. and M.B.A. degrees from the Seattle University School of Law and the Albers School of Business and Economics. Ms. Jen is an active member of the State Bar of California and the Washington State Bar Association. She is fluent in Mandarin-Chinese and Cantonese. (San Francisco location)

RALPH T. KOKKA is of counsel at Patton & Sullivan LLP. He is an estate planning and business transactions attorney known for understanding his client’s needs and his pragmatic problem solving approach. Mr. Kokka’s practice includes estate planning for individuals and families, and probate and trust administration in the Bay area. He has nearly 20 years of experience representing a broad variety of estate planning and business clients. Mr. Kokka is a member of the Alameda County Bar Association and the State Bar of California. He earned his B.A. degree, with distinction, from the University of California, Berkeley; his J.D. degree from the University of California at Berkeley, Boalt Hall School of Law; and his L.L.M. degree in taxation from Golden Gate University School of Law. (San Jose location)

ERIN N. KOLKO is a partner at Temmerman, Cilley & Kohlmann, LLP, with offices in San Jose and Danville. Ms. Kolko is a trial attorney with a focus on trusts and estates related litigation, including trust and will contests; financial elder abuse; fiduciary removal and surcharge; accounting disputes; and reformation, modification, and interpretation of estate planning documents. She is an adjunct professor of the wills and trusts course at her alma mater, Santa Clara University School of Law. Ms. Kolko is a member of the State Bar of California Trusts and Estates Section, and a member and former board member of the Tri-Valley Estate Planning Council. (San Jose location)

RITZI K. LAM is an attorney with the Brillant Law Firm, A Professional Corporation. Her main areas of practice include estate planning, trust litigation, conservatorships, and probate and trust administration. Ms. Lam is a member of the San Mateo County Bar Association where she is on the Executive Committee of the Estate Planning, Probate and Elder Law Section; co-chair of the New Attorney Group; a board member of the Barristers Section; and the secretary of the Women Lawyers Section. She earned her B.A. degree from the University of California - Santa Cruz and her J.D. degree from Whittier Law School. (Concord location)

HEATHER LEDGERWOOD is the lead attorney for WealthPLAN's San Jose office probate and trust administration division. She has worked extensively in matters involving estate and trust tax issues, ancillary probate administrations, creditor's claims, and multi-generational estate plans. Ms. Ledgerwood advises executors of estates with regard to finding heirs, property transfers, property tax reassessments, estate tax filing requirements, post-mortem estate and tax planning, stale trust funding, Heggstad petitions, and successfully navigating the probate court system. She prepares federal estate and gift tax filings, including but not limited to portability returns. Ms. Ledgerwood currently teaches wills and trusts at Lincoln Law School. Previously, she was also of counsel to a business litigation firm in Palo Alto in which she focused on corporate compliance, corporate dissolutions, employment counseling, discrimination counseling, employment tax evasion, and was second chair in trials involving alter ego litigation and breach of contract claims. Ms. Ledgerwood is a member of the State Bar of California, the Silicon Valley Bar Association, the Santa Clara Bar Association, and the Palo Alto Bar Association. She earned her J.D. and LL.M. degree in taxation from Golden Gate School of Law. (San Jose location)

STEVEN R. POGUE is a sole practitioner in San Jose, California, where he has a general private practice, focusing primarily on estate planning, probate, family law, and personal injury. He has appeared before the Superior courts of 28 California counties; two Appellate districts; the federal courts in San Jose, San Francisco and Los Angeles; and the Ninth Circuit Court of Appeals. He is also a real estate broker and maintains an active brokerage. Mr. Pogue earned his J.D. degree from Lincoln Law School in San Jose and his LL.M. in taxation from Golden Gate University in San Francisco. (San Jose location)

JENNIFER F. SCHARRE is an attorney with Temmerman, Cilley & Kohlmann, LLP, in San Jose, California. Ms. Scharre’s practice includes estate planning, estate administration, beneficiary representations, conservatorship matters and guardianship matters. Her estate planning practice includes the preparation of revocable trusts, irrevocable trusts, and wills, as well as incapacity planning documents. Ms. Scharre’s trust and decedent’s estate administration practice includes representation of trustees, personal representatives, and beneficiaries in all aspects of trust administration and probate including preparation of trust accountings and estate tax returns. Her accounting degree from the University of San Diego makes her uniquely equipped to assist clients in complex estate planning and estate administration. Ms. Scharre earned her J.D. degree from Santa Clara University School of Law. (San Jose location)

ANDREA STARRETT is an attorney with Ramsbacher Prokey Leonard LLP, where she practices in the areas of tax, trusts, and estates. She focuses on estate and succession planning for clients in the technology sector, emphasizing wealth and pre-IPO planning for startup founders, technology company executives, and employees holding equity in technology companies. Ms. Starrett regularly employs advanced estate planning techniques, including Grantor Retained Annuity Trusts (GRATs), special needs trusts, and charitable trusts and foundations. She is a member of the California State Bar and is a certified specialist in estate planning, trust, and probate law. Ms. Starrett earned her B.A. degree from Mount Holyoke College, her LL.M. degree from Golden Gate University School of Law and her J.D. degree from Case Western Reserve University School of Law. (San Jose location)

JEFFREY S. TACHIKI is the principal attorney at The Tachiki Law Group and is a certified specialist by The State Bar of California Board of Legal Specialization in estate planning, trust and probate law. His practice includes estate planning, trust administration, and probate. Mr. Tachiki has lectured several times for National Business Institute, Continuing Education of the Bar California (CEB), and other organizations on various trusts and estate topics. He is a member of the Trusts and Estates Section of the State Bar of California, East Bay Trusts and Estates Lawyers, the Bay Area Chapter of the Asian American Bar Association, and was recently vice-chair of the Trusts and Estates Section of the Alameda County Bar Association. Mr. Tachiki is also a 2009 and 2010 Northern California Super Lawyers Rising Star, the recipient of the Alameda County Bar Association 2011 Barristers' Distinguished Service Award, and was recently a member of the CEB Young Lawyers Advisory Board. He earned his B.A. degree from the University of Utah and his J.D. degree from the University of Utah S.J. Quinney College of Law. (Concord and San Francisco locations)

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

CA CLE: 12.00 Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 12.0 hours, of which 1.0 hour will apply to legal ethics. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


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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