Live Seminar

The Probate Process From Start to Finish

Seminar

Date:

Monday, May 07, 2018

Time:

8:30 AM - 4:40 PM

Product ID#:

78864ER

Location:

Mobile Marriott

3101 Airport Boulevard

Mobile, AL 36606

$349.00

$339 / Each Additional

$329 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AL CLE - 6.70

CPE for Accountants

  • CPE for Accountants/NASBA - 8.00

Other

  • Financial Planners - 8.00
  • IACET - 0.70
  • NALA - 6.50
  • NFPA
  • PACE - 8.00

Program Description

Your Fundamental Guide to Probate

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? At this seminar, our experienced faculty will give you detailed, step-by-step information to confidently and ably navigate the system. Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Enroll today!

  • Get a step-by-step walkthrough of a probate case complete with practice tips from seasoned practitioners.
  • Implement a complete estate timetable in order to know what needs to be done - and when.
  • Effectively guide the executor and the administrator through their various duties.
  • Avoid problems arising from creditors' claims and insolvency with our powerful strategies.
  • Forestall disagreements between beneficiaries: adhere to the guidelines of precedence in case of intestacy.
  • Get results for your client! Explore successful strategies for litigating in probate court.
  • Follow thorough closing procedures so accounting is complete before distribution takes place.

Who Should Attend

This basic level seminar will provide those who have limited probate experience with tips on successfully handling a probate case. This comprehensive seminar will benefit:

  • Attorneys
  • Paralegals
  • Accountants
  • Tax Preparers
  • Trust Officers
  • Financial Planners
  • Estate Planners

Course Content

  1. Taking the First Step: Filing an Estate in Probate Court
  2. Uncovering the Laws of Intestacy and How They May Apply
  3. Understanding the Role of the Personal Representative in Probate
  4. Litigating the Case in Probate Court
  5. Managing the Inventory
  6. Administering the Estate Effectively
  7. Maintaining an Ethical Balance in Probate Practice
  8. Putting the Case to Rest: Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 6.70 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of Legal Assistants, Inc. – NALA: 6.50 *

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 8.00 *

National Federation of Paralegal Associations, Inc. – NFPA

Professional Achievement in Continuing Education – PACE: 8.00 *


* denotes specialty credits

Agenda / Content Covered

  1. 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.
    1. Small Estate - What it is and How to File
    2. Regular Estate
    3. The Estate Timetable - What You Need to Do
    4. Proving the Will
    5. Challenging the Will
  2. 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.
  3. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
    10:00 - 10:45, Written and presented by P. David Matheny in Birmingham and Mobile.
    1. Duties of the Personal Representative
    2. Misconduct and/or Removal
    3. Compensation Guidelines
    4. Special Administration Issues
  4. 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.
    1. Explanation of Rules of Probate Procedure
    2. Declaratory Judgment
    3. How to Conduct Discovery
    4. What to do on Appeal
  5. 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.
    1. Statutory Requirements and How They Affect Your Case
    2. Notice to Creditors, Beneficiaries and State Agencies - What is Required
    3. Collecting, Maintaining and Managing Assets
    4. Inventory Problems
  6. 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.
    1. How to Respond to Creditors' Claims
    2. Insolvency
    3. Managing the Estate Cash Responsibly
    4. Disclaimers
    5. Partial Distributions
  7. 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.
    1. Performing Competent Legal Services
    2. Identifying the Client
    3. Avoiding Conflicts of Interest
    4. Distinguishing Between Privileged and Non-Privileged Communication
    5. Establishing Reasonable Attorneys’ Fees
  8. PUTTING THE CASE TO REST: CLOSING THE ESTATE
    3:40 - 4:40, Written and presented by Carmella J. Penn in Birmingham and Mobile.
    1. Final Accounting
    2. Distribution of Estate to Beneficiaries
    3. Discharge of Fiduciary
    4. 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.

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

AL CLE: 6.70 Includes - Ethics: 1.00
This course or a portion thereof has been approved by the Alabama State Bar Mandatory Continuing Legal Education Commission for a maximum of 6.7 credit hours, including 1.0 ethics credits.


Financial Planners

N CF: 8.00
This program has been accepted by the Certified Financial Planner Board of Standards Inc. and qualifies for 8.0 hours of CE credit for CFP® Certificants. The Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with plaque design) and CFP® (with flame design) in the US, which it awards to individuals who successfully complete initial and ongoing certification requirements.

Upon completion of this course, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done - and when. 2. Restate the order of inheritance in case of intestacy. 3. Explain what the executors' duties and responsibilities are. 4. Describe the rules of probate court procedure. 5. Determine when notice to creditors must be sent out and list its required elements. 6. List at least three disclaimers that can be used in estate administration. 7. Distinguish between ethical and unethical practices. 8. State from recall the documents needed for the final tax return.

International Association for Continuing Education Training

N IACET: 0.70
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 0.7 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. Prepare a complete estate timetable in order to know what needs to be done - and when. 2. Restate the order of inheritance in case of intestacy. 3. Explain what the executors' duties and responsibilities are. 4. Describe the rules of probate court procedure. 5. Determine when notice to creditors must be sent out and list its required elements. 6. List at least three disclaimers that can be used in estate administration. 7. Distinguish between ethical and unethical practices. 8. State from recall the documents needed for the final tax return.

National Association of Legal Assistants, Inc.

N LA: 6.50 Includes - Ethics: 1.00
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.5 hours, including 1.0 ethics, of continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential.


National Association of State Boards of Accountancy

N NAS: 8.00 Includes - Regulatory Ethics: 1.00, Specialized Knowledge: 3.00, Taxes: 4.00
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 8.0 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 level program presented in a group live setting. This course will: - Explain practical procedures for advising the executor and the administrator. - Create a clear plan for effective collection, maintenance and management of the probate assets to prevent confusion. - Explain how to avoid ethical problems that arise in probate cases, such as conflict of interest. No advanced preparation or prerequisites are required. Field(s) of Study -- Taxes; Specialized Knowledge; Regulatory Ethics.

National Federation of Paralegal Associations, Inc.

N PAR:
NBI, Inc. is a NFPA approved CLE provider.


Professional Achievement in Continuing Education

N PACE: 8.00 Includes - Chartered Advisor for Senior Living: 8.00, Chartered Financial Consultant: 8.00, Chartered Life Underwriter: 8.00
This seminar qualifies for 8.0 PACE (Professional Achievement in Continuing Education) credit hours for CLU, CASL and/or ChFC.


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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702