Creditor Claims in Estate Administration

Agenda / Content Covered

1. Required Notices and Authentication Methods
   2:00 - 2:30, Barry L. Adams
   1. Proper Notice Procedure (With Sample Notice)
   2. Identifying Creditors
   3. Creditor Claims vs. Administrative Expenses
   4. Priority of Claims Against the Estate
2. Barring Claims
   2:30 - 3:00, Barry L. Adams
   1. Improper Submission
   2. Statute of Limitations
   3. Objections of Interested Parties
3. Classifying Creditors and Making Payment
   3:00 - 3:30, Vincent M. Casiano
   1. What's Unreasonable Delay in Payment?
   2. Interest on Claims
   3. Creditors' Ability to Reach Non-Probate Assets
   4. Tax Traps
4. Sale of Property to Pay Creditors
   3:45 - 4:15, David J. Brillant
5. Government Liens: Unpaid Taxes, Medicaid Estate Recovery, etc.
   4:15 - 4:45, David J. Brillant
6. Insolvency
   4:45 - 5:15, David J. Brillant
   1. Establishing Insolvency
   2. Order of Payment
   3. Barred Claims
   4. Maximizing the Beneficiaries' Payout

Accreditation Details:

Barry L Adams is a partner in the Law Office of Adams & Rafferty, P.C. in Santa Rosa. Mr. Adams has extensive experience in all aspects of estates, trusts, and elder law. He is the founder of the Elder Law Clinic of Empire Law School and is a professor of elder law at Empire Law School. Mr. Adams earned his B.A. degree from Whitworth University and his J.D. degree from the University of the Pacific - McGeorge School of Law. He is a member of the National Association of Elder Law Attorneys; the Probate and Trust Section of the State Bar of California; and the Probate Section of the Sonoma County Bar Association.

David J Brillant is an attorney in Walnut Creek at The Brillant Law Firm, 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.

Vincent M Casiano is the founder of The Casiano Law Firm, where his practice is focused on preserving wealth from one generation to the next through innovative estate and long-term care planning strategies. Mr. Casiano's practice is split between transactional work in estate planning, elder law, special needs trust planning, long-term care planning, Medicaid/Medi-Cal planning, probate, and trust administration with a litigation practice encompassing estate litigation (will and trust disputes), financial elder abuse, and disputed conservatorship proceedings. He is a frequent lecturer on these subjects. Mr. Casiano is a member of the State Bar of California. He is a founding member of the Wealth Counsel's Advisor Forum, a charter member of the Academy of Special Needs Trust Planners, and a member of the National Academy of Elder Law Attorneys. Mr. Casiano has also served as a past chair of the San Diego County Bar Association's Elder Law Section, and was a fellow of the ABA's Real Property, Probate and Trust Section. He earned his B.S. degree from the State University of New York Maritime College at Fort Schuyler and his J.D. degree from the University of California Hastings College of the Law.