Audio CD + Course Book
The Probate Process From Start to Finish
|Audio CD + Course Book||
- National Association of Legal Assistants, Inc. - 6.50
- National Federation of Paralegal Associations, Inc.
So your client wants you to handle a probate case - do you know where to start? Do you know the proper procedures to use, as well as the law? Get detailed, step-by-step information to confidently and ably navigate the system, and gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Order today!
- Taking the First Step: Filing an Estate in Probate Court
- Uncovering the Laws of Intestacy and How They May Apply
- Understanding the Role of the Personal Representative in Probate
- Litigating the Case in Probate Court
- Managing the Inventory
- Administering the Estate Effectively
- Maintaining an Ethical Balance in Probate Practice
- Putting the Case to Rest: Closing the Estate
Continuing Education Credit
National Association of Legal Assistants, Inc. – NALA: 6.50 N - Credit Approval Expiration 05/07/2020 *
National Federation of Paralegal Associations, Inc. – NFPA
* denotes specialty credits
Agenda / Content Covered
- TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
8:30 - 9:15, Written and presented by P. David Matheny in Birmingham and Mobile.
- Small Estate - What it is and How to File
- Regular Estate
- The Estate Timetable - What You Need to Do
- Proving the Will
- Challenging the Will
- UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
9:15 - 10:00, Written by Bethany Ellison Malone. Presented by Bethany Ellison Malone in Birmingham and John W. Charles in Mobile.
- UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
10:00 - 10:45, Written and presented by P. David Matheny in Birmingham and Mobile.
- Duties of the Personal Representative
- Misconduct and/or Removal
- Compensation Guidelines
- Special Administration Issues
- LITIGATING THE CASE IN PROBATE COURT
11:00 - 11:45, Written by Bethany Ellison Malone. Presented by Bethany Ellison Malone in Birmingham and Michael L. Cumpton in Mobile.
- Explanation of Rules of Probate Procedure
- Declaratory Judgment
- How to Conduct Discovery
- What to do on Appeal
- MANAGING THE INVENTORY
11:45 - 12:30, Written by Shannon H. Dye. Presented by Shannon H. Dye in Birmingham and Michael L. Cumpton in Mobile.
- Statutory Requirements and How They Affect Your Case
- Notice to Creditors, Beneficiaries and State Agencies - What is Required
- Collecting, Maintaining and Managing Assets
- Inventory Problems
- ADMINISTERING THE ESTATE EFFECTIVELY
1:30 - 2:25, Written by Shannon H. Dye. Presented by Shannon H. Dye in Birmingham and Michael L. Cumpton in Mobile.
- How to Respond to Creditors' Claims
- Managing the Estate Cash Responsibly
- Partial Distributions
- MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
2:25 - 3:25, Written by Craig Alexander. Presented by Craig Alexander in Birmingham and John W. Charlesin Mobile.
- Performing Competent Legal Services
- Identifying the Client
- Avoiding Conflicts of Interest
- Distinguishing Between Privileged and Non-Privileged Communication
- Establishing Reasonable Attorneys’ Fees
- PUTTING THE CASE TO REST: CLOSING THE ESTATE
3:40 - 4:40, Written and presented by Carmella J. Penn in Birmingham and Mobile.
- Final Accounting
- Distribution of Estate to Beneficiaries
- Discharge of Fiduciary
- Tax Returns - What Needs to be Filed and When
CRAIG ALEXANDER is a partner in the Birmingham, Alabama office of Rumberger Kirk & Caldwell and has 36 years of experience as a civil litigation attorney. Mr. Alexander is admitted to practice in all courts in the state of Alabama, in the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court. In addition to his law practice, he is an adjunct law professor at the University of Alabama School of Law, where he teaches Alabama civil practice and procedure. Mr. Alexander’s practice includes the representation of attorneys in bar disciplinary matters and the counseling of bar applicants with potential character and fitness issues. He regularly speaks on the subject of legal ethics and professionalism, including during the mandatory professionalism course required of newly admitted members to the Alabama State Bar. He is a member of the Association of Professional Responsibility Lawyers, the ABA Center for Professional Responsibility, the Defense Research Institute's Lawyers' Professionalism and Ethics Committee, and the Alabama Defense Lawyers Association (district director and as a member of the Amicus Curiae Committee). Mr. Alexander earned his undergraduate degree from the University of Alabama and his J.D. degree from the George Washington University National Law Center. (Birmingham location)
JOHN W. CHARLES is an attorney with the Anderson Law Firm, L.L.C., where his areas of practice include criminal law, estate planning, family law, probate and estate administration, and civil litigation. He is admitted to practice in Alabama and before the U.S. District Court, Middle District of Alabama. Mr. Charles earned his B.A. degree, cum laude, from the University of Alabama at Birmingham and his J.D. degree from Vanderbilt University School of Law. (Mobile location)
MICHAEL L. CUMPTON is a founding partner in the law firm of Ryan, Hicks, Cumpton & Cumpton, LLP, where he practices in the areas of estate planning, wills, trusts, and probate. Mr. Cumpton is a member of the Alabama State Bar and The Florida Bar. He is a member of the American Academy of Estate Planning Attorneys, the Mobile Bar Association, and the Federalist Society for Law and Public Policy. He has served on numerous bar association committees, and he is involved in church and community activities. Mr. Cumpton is the primary author and editor of Using Living Trusts and The Attorney's Textbook: RLT Planning. He earned his B.A. degree, cum laude, from Northeast Louisiana University; and his J.D. degree from Loyola University, where he was a member of the Loyola Law Review and articles editor for the American Constitution Journal of Law and Public Property. (Mobile location)
SHANNON H. DYE is an attorney with Carney Dye, LLC in Birmingham, where she practices in the areas of estate planning, elder law, special needs planning, and estate administration. Ms. Dye is a graduate of the 2015 Birmingham Bar Association Future Leaders Forum, and is the chairperson for the BBA Women Lawyers Section "Paving the Way" Committee. She also is a member of the Elder Law and Women Lawyers sections of the Alabama State Bar. She earned her B.S. degree from Birmingham-Southern College and her J.D. degree from Cumberland School of Law. During law school, Ms. Dye served as the student materials editor for the American Journal of Trial Advocacy, and was a member of the Cumberland Honor Court and Trial Board. She also served as a Caruthers fellow and was the research associate for Professor David Smolin. (Birmingham location)
BETHANY ELLISON MALONE is a sole practitioner in Tuscumbia, Alabama. Her areas of practice are focused on probate, estate planning, business law, and juvenile law. Ms. Malone is a member of the Alabama State Bar. She earned her B.B.A. degree, summa cum laude, from the University of North Alabama; and her J.D. degree, cum laude, from Cumberland School of Law. (Birmingham location)
P. DAVID MATHENY is a sole practitioner in Bay Minette, Alabama, who has been practicing law in Baldwin County for 20 years. His trial experience includes contested probate cases and complicated divorces; and his practice is focused on domestic, criminal and probate matters. Mr. Matheny served as the first county conservator for Baldwin County, Alabama, and was appointed by the probate court to manage the assets of those elderly or disabled persons who were not able to manage their own affairs. He serves as court representative or guardian ad litem in numerous probate court proceedings. Mr. Matheny also served as a part-time special assistant attorney general for the state of Alabama. He earned his B.S. degree from Mississippi State University and his J.D. degree from Mississippi College School of Law. (Mobile and Birmingham locations)
CARMELLA J. PENN is an attorney in Alabama with a general practice firm. However, Ms. Penn has spent the majority of her years of practice in criminal defense, with a stint as a prosecutor with the 3rd and 5th Judicial circuits of Alabama. Her past experiences also includes, teaching criminal law and procedure and several courses in the humanities at Lawson State Community College in Birmingham, Alabama. Ms. Penn graduated from the University of Alabama School of Law, where she was a member of the Bench and Bar Legal Honor Society and the Frederick Douglass Moot Court team. (Mobile and Birmingham locations)
Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.
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National Association of Legal Assistants, Inc.
National Federation of Paralegal Associations, Inc.