The Probate Process From Start to Finish
Friday, May 04, 2018
8:30 AM - 4:40 PM
Holiday Inn Express & Suites Southfield - Detroit
25100 Northwestern Highway
Southfield, MI 48075
$349 / Each Additional
$339 / New Professional
Registration Includes Course Book
CPE for Accountants
- CPE for Accountants/NASBA - 8.00
- Financial Planners - 8.00
- IACET - 0.70
- PACE - 8.00
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:
- Tax preparers
- Trust officers
- Financial planners
- Estate planners
- Taking the First Step: Filing an Estate in Probate Court
- Understanding the Role of the Personal Representative in Probate
- Managing the Inventory
- Administering the Estate Effectively
- Maintaining an Ethical Balance in Probate Practice
- Determining if Spouse's Elective Share is a Reasonable Option
- Uncovering the Laws of Intestacy and How They May Apply
- Litigating the Case in Probate Court
- Putting the Case to Rest: Closing the Estate
Continuing Education Credit
Financial Planners – Financial Planners: 8.00
International Association for Continuing Education Training – IACET: 0.70
National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 8.00 *
Professional Achievement in Continuing Education – PACE: 8.00
* denotes specialty credits
Agenda / Content Covered
- TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
8:30 - 9:15, Trevor Weston
- 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
- UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
9:15 - 9:55, Trevor Weston
- Duties of the Personal Representative
- Misconduct and/or Removal
- Compensation Guidelines
- Special Administration Issues
- MANAGING THE INVENTORY
10:10 - 10:55, Robert B. Labe
- Statutory Requirements Regarding the Inventory
- Notice to Creditors
- Identifying Probate and Non-Probate Assets
- Valuing Assets
- Managing Estate Assets-The Prudent Investor Rule
- Tips for Effective Marshalling of Assets
- Step Up Income Tax Basis of Assets
- ADMINISTERING THE ESTATE EFFECTIVELY
10:55 - 11:40, Matthew S. Fedor
- How to Respond to Creditors' Claims
- Managing the Estate Cash Responsibly
- Partial Distributions
- MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
12:40 - 1:40, Matthew S. Fedor
- Performing Competent Legal Services
- Identifying the Client
- Avoiding Conflicts of Interest
- Distinguishing Between Privileged and Non-Privileged Communication
- Establishing Reasonable Attorneys’ Fees
- DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
1:40 - 2:25, Amanda Afton Martin and Connie Meech
- Homestead Allowance
- How to Determine the Elective Share Estate
- What are Spousal Rights and Personalty?
- Rights of Election
- Step-by-Step Procedure
- How to Satisfy the Elective Share
- UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
2:25 - 2:55, Amanda Afton Martin and Connie Meech
- LITIGATING THE CASE IN PROBATE COURT
3:10 - 3:55, Nicolas Camargo
- Explanation of Rules of Probate Procedure
- Declaratory Judgment
- How to Conduct Discovery
- What to Do on Appeal
- PUTTING THE CASE TO REST: CLOSING THE ESTATE
3:55 - 4:40, Nicolas Camargo
- Final Accounting
- Distribution of Estate to Beneficiaries
- Discharge of Fiduciary
- Tax Returns - What Needs to be Filed and When
AMANDA AFTON MARTIN is an attorney at Wakefield Sutherland & Lubera PLC. Ms. Afton Martin enjoys building relationships with her clients and their families through her 19 year estate planning practice. She provides wealth management strategies that include designing estate plans, creating business entities and charitable foundations, and providing tax strategies to a variety of individuals. Ms. Afton Martin continues to support families after a death through trust and estate administration, as well as providing business succession and tax guidance. When requested by clients, she has served as a trustee and funded client trusts. She offers legal advice and guidance in other complementary areas, including business transactions and contracts, real estate, unemployment law and taxation. Ms. Afton Martin graduated from Michigan State University Law School, and continued her legal education at Wayne State University, where she earned a masters of law degree in taxation. She also holds a B.B.A. degree in economics from Eastern Michigan University.
NICOLAS CAMARGO is a senior attorney with Foster Swift Collins & Smith PC, and a part-time magistrate serving in the 52/3 District Court in Rochester Hills, Michigan. Mr. Camargo focuses his practice on probate administration and estate planning, with a specialization in probate litigation, will contests and trust contests. He also represents various mid-sized businesses in day-to-day transactional matters as well as their commercial litigation needs. Mr. Camargo, formerly an Oakland County assistant prosecutor, has tried numerous cases and has represented several state agencies, such as the Michigan Department of Human Services and the Michigan Department of Environmental Quality. Mr. Camargo is admitted to the State Bar of Michigan and in all Michigan state courts. He is also admitted to practice before the Federal District Court for the Eastern District of Michigan. He is a member of various organizations, including the Oakland County Bar Association, and the State Bar of Michigan, including the Litigation and Estate Planning sections. He received his B.A. degree from Marquette University and his J.D. degree from Michigan State College of Law.
MATTHEW S. FEDOR is an attorney at Foster Swift Collins & Smith PC, where he focuses his practice in estate planning, business succession planning, probate, trust administration, guardianship and conservatorship, and litigation matters. He received his B.S. degree from Indiana University and his J.D. degree, cum laude, from Michigan State University College of Law. Mr. Fedor is a member of the State Bar of Michigan, Oakland County Bar Association, and the Detroit Metropolitan Bar Association. He is admitted to practice in all Michigan State courts, including the U.S. District Court for the Eastern District.
ROBERT B. LABE is a shareholder with Williams, Williams, Rattner & Plunkett, P.C., where he practices in the areas of business law, business planning, estate planning, estate and trust administration, probate and tax. He is a frequent lecturer and author for topics pertaining to his areas of practice. Mr. Labe's publications and lectures include Planning for the Family Business, 56th Annual Probate and Estate Planning Institute, Institute for Continuing Legal Education at the University of Michigan (May 2016) and Considerations in Planning for the Incapacitated or Terminally Ill Client, Michigan Financial Planners Association Annual Symposium (November 2009). He is listed in Best Lawyers in America, Michigan Super Lawyers, and Leading Lawyers in Michigan. He is a fellow of the American College of Estate and Trust Counsel, and the American Bar Foundation. Mr. Labe is a past chairperson of the Oakland County Bar Association Probate, Estate, and Trust Committee, as well as the Business Law Committee. He currently serves on the Probate and Estate Planning Council for the State Bar of Michigan.
CONNIE MEECH is a graduate of Wayne State Law School. During law school, she worked as a law clerk for then visiting Judge James S. Thorburn at the Oakland County Circuit Court. After passing the bar, Ms. Meech went into private practice focusing on family law and estate planning. She has served as court-appointed guardian ad-litem and attorney in guardianship, conservatorship and mental health cases. For the past two years, Ms. Meech has practiced exclusively estate planning and probate and trust administration at Wakefield Southerland & Lubera PLC. Ms. Meech holds a B.B.A. degree from Western Michigan University with a major in marketing and a minor in French. She is a member in good standing with the State Bar of Michigan.
TREVOR WESTON is a partner with the firm Foster Swift Collins & Smith PC, in Birmingham, Michigan. Mr. Weston has been practicing law for more than ten years and focuses his practice on the areas of estate planning, probate and estate administration, as well as the general litigation needs of his firm’s clients. He graduated with his B.A. degree from Hope College in Holland, Michigan and earned his J.D. degree from Michigan State University College of Law. Mr. Weston is a member of the State Bar of Michigan, Oakland County Bar Association, the Federal Bar Association for the Eastern District of Michigan, and Michigan Defense Trial Counsel, as well as the estate planning sections of the State Bar of Michigan and Oakland County Bar Association. He is admitted to practice in all Michigan state courts, the Federal District Court for the Eastern District of Michigan, as well as the Sixth Circuit Court of Appeals.
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:
International Association for Continuing Education Training
National Association of State Boards of Accountancy
Professional Achievement in Continuing Education