Live Seminar

The Probate Process From Start to Finish

Seminar

Date:

Monday, May 07, 2018

Time:

8:30 AM - 4:40 PM

Product ID#:

78898ER

Location:

DoubleTree by Hilton Fresno Convention Center

2233 Ventura Street

Fresno, CA 93721

$349.00

$339 / Each Additional

$329 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.75

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.
  • Know the secrets to confidently handling a spouse's elective share.
  • 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. 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 *

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, 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 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 6.75 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.


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. Explain what the executors' duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. List at least three disclaimers that can be used in estate administration. 5. Distinguish between ethical and unethical practices. 6. Describe three ways to manage a spouse's elective share. 7. Restate the order of inheritance in case of intestacy. 8. Describe the rules of probate court procedure. 9. 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. Explain what the executors' duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. List at least three disclaimers that can be used in estate administration. 5. Distinguish between ethical and unethical practices. 6. Describe three ways to manage a spouse's elective share. 7. Restate the order of inheritance in case of intestacy. 8. Describe the rules of probate court procedure. 9. 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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How To Order

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