Audio CD + Course Book

The Probate Process From Start to Finish

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78898CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.75

Other

  • NALA - 6.50
  • NFPA
From Event: The Probate Process From Start to Finish, held May 2018.

Program Description

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!

Course Content

  1. Taking the First Step: Filing an Estate in Probate Court
  2. Understanding the Role of the Personal Representative in Probate
  3. Managing the Inventory
  4. Administering the Estate Effectively
  5. Maintaining an Ethical Balance in Probate Practice
  6. Determining if Spouse's Elective Share is a Reasonable Option
  7. Uncovering the Laws of Intestacy and How They May Apply
  8. Litigating the Case in Probate Court
  9. Putting the Case to Rest: Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 6.75 CA - Credit Approval Expiration 05/07/2020 *

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

  1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
    8:30 - 9:15, Ryan M. Janisse and Marcus D. Magness
    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. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
    9:15 - 10:00, Ryan M. Janisse and Marcus D. Magness
    1. Duties of the Personal Representative
    2. Misconduct and/or Removal
    3. Compensation Guidelines
    4. Special Administration Issues
  3. MANAGING THE INVENTORY
    10:15 - 11:00, Bruce Francis Kennedy
    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
  4. ADMINISTERING THE ESTATE EFFECTIVELY
    11:00 - 11:45, Ryan M. Janisse and Marcus D. Magness
    1. How to Respond to Creditors' Claims
    2. Insolvency
    3. Managing the Estate Cash Responsibly
    4. Disclaimers
    5. Partial Distributions
  5. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
    12:45 - 1:45, Bruce Francis Kennedy
    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
  6. DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
    1:45 - 2:30, Ryan M. Janisse and Marcus D. Magness
    1. Homestead Allowance
    2. How to Determine the Elective Share Estate
    3. What are Spousal Rights and Personalty?
    4. Rights of Election
    5. Step-by-Step Procedure
    6. How to Satisfy the Elective Share
  7. UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
    2:45 - 3:15, Ryan M. Janisse and Marcus D. Magness
  8. LITIGATING THE CASE IN PROBATE COURT
    3:15 - 4:00, Ryan M. Janisse and Marcus D. Magness
    1. Explanation of Rules of Probate Procedure
    2. Declaratory Judgment
    3. How to Conduct Discovery
    4. What to Do on Appeal
  9. PUTTING THE CASE TO REST: CLOSING THE ESTATE
    4:00 - 4:40, Ryan M. Janisse and Marcus D. Magness
    1. Final Accounting
    2. Distribution of Estate to Beneficiaries
    3. Discharge of Fiduciary
    4. Tax Returns - What Needs to be Filed and When

RYAN M. JANISSE is an attorney with the law firm of Gilmore Magness Janisse, A Professional Corporation, in Fresno, California. His practice includes estate and succession planning, probate and trust administration, probate and estate litigation, conservatorships, business matters, and transactional law. Mr. Janisse earned his B.A. degree from the University of California, Santa Cruz and his J.D. degree from the University of San Diego School of Law. Mr. Janisse is a member of the American Bar Association, the State Bar of California, the Fresno County Bar Association (Trusts and Estates Section, co-chair 2013 & 2014), the Fresno Estate Planning Council, the Society of Financial Services Professionals and the Ag Lenders Society of California.

BRUCE FRANCIS KENNEDY is a sole practitioner with offices in Oakhurst and Madera, California. He has been an attorney for more than 40 years and focuses his practice on estate planning and probate and trust estate administration. Mr. Kennedy is a certified specialist in estate planning, trust, and probate law by the Board of Legal Specialization of the State Bar of California. He is a member of the state bars of California and Oregon, and is a member of the Fresno Estate Planning Council. Mr. Kennedy earned his A.B. degree from the University of Southern California, his M.A. degree in economics from Harvard University Graduate School of Arts and Sciences, and his J.D. degree from Stanford University Law School.

MARCUS D. MAGNESS is a shareholder in the law firm of Gilmore Magness Janisse, A Professional Corporation, in Fresno, California. Mr. Magness' transactional practice is focused in the areas of tax and estate planning, business organization, real estate and probate. Mr. Magness' litigation practice is limited to probate matters and representation of private parties, governmental agencies and public utilities in eminent domain actions. He is also an adjunct professor at California State University Fresno. He has taught an undergraduate level business law course geared towards agriculture since 2002. He has also served on the Fresno County Assessment Appeals Board since 1998. Mr. Magness received his B.Eng. degree from McGill University; his J.D. degree from the University of Oklahoma College of Law; and his LL.M. degree, in taxation, from the University of Miami School of Law. He is a member of the American Bar Association, the State Bar of California, and the Fresno County Bar Association.

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: 6.75 Credit Approval Exp
05/07/2020
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.75 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. 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 Legal Assistants, Inc.

N LA: 6.50 Credit Approval Exp
05/07/2020
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 self-study credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR: Credit Approval Exp
05/07/2019
NBI, Inc. is a NFPA approved CLE provider.


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