Agenda / Content Covered

All times are shown in Central time

1. INITIAL FILING IN PROBATE COURT AND ESTATE TIMELINE
   8:30 - 9:30, James M. Weber
   1. Small Estate Administration
   2. Probate Court Procedure
   3. Estate Timetable/Checklist
   4. Formal vs. Informal Probate Administration
   5. Opening the Estate
      1. Petition for Probate and Administration and Notice of Hearing
      2. Required Notices (to Creditors, Heirs, DHS, IRS)
      3. Sample Forms
   6. What the Personal Representative Needs to Know and Do
   7. When is Ancillary Administration Necessary?
2. LAW OF INTESTATE SUCCESSION
   9:30 - 10:15, James M. Weber
   1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
   2. Determining the Share Size
   3. Exceptions and Bars to Inheritance
3. INVENTORY AND APPRAISEMENT
   10:30 - 11:30, James F. Guckenberg
   1. Locating Insurance Policies, Deeds and Other Ownership Documents
   2. Obtaining a Tax ID and Marshaling Property
   3. Preparing the Inventory and Appraisal Forms
   4. Dealing with the Probate Referee
   5. Managing Decedent's Assets During Probate
   6. Handling Common Valuation Issues
   7. When to Hire a Valuation Specialist or Appraiser
4. PROBATE PROPERTY VS. NON-PROBATE ASSETS
   11:30 - 12:00, Thomas J. Kroll
5. HANDLING CLAIMS AGAINST THE ESTATE
   1:00 - 1:45, James F. Guckenberg
   1. Required Creditor Notice
   2. Determining Priority of Claims
   3. Allowing and Rejecting Claims, and Paying Them
   4. Handling Lawsuits Against the Estate and the Decedent
   5. Insolvency Issues
6. ETHICS
   1:45 - 2:45, Paul M. Schmidt
   1. Who is Your Client? Avoiding Conflicts of Interest
   2. Protecting Client Confidentiality
   3. Attorney Fees
   4. Malpractice Liability Risks
      1. Negligence
      2. Breach of Fiduciary Duty
      3. Fraud
7. FINAL ACCOUNTING AND CLOSING THE ESTATE
   3:00 - 4:00, Thomas J. Kroll
   1. Estate Accounting Procedure
   2. Tax Reporting and Post-Mortem Tax Matters
   3. Closing Certificate for Fiduciaries
   4. Closing Decedent's Remaining Accounts
   5. Personal Representative and Attorney Compensation
   6. Extraordinary Services Compensation
   7. When Reopening the Estate is Warranted
8. PROBATE DISPUTES AND LITIGATION
   4:00 - 4:40, Erin M. Strohbehn
   1. Beneficiary Liability
   2. Fiduciary Liability
   3. Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
   4. Revoked, Multiple, Contested Wills
   5. Common Will Construction Problems
   6. Objections to Accounts and Petitions

Accreditation Details:

JAMES F. GUCKENBERG is an attorney at Halling & Cayo, S.C. His practice focuses on estate planning, probate, and guardianships, including matters involving elder law. Mr. Guckenberg also has significant family law experience that compliments his estate planning practice. He received his B.A. degree at Lawrence University and his J.D. degree at Hamline University School of Law.

THOMAS J. KROLL is a sole practitioner in Milwaukee, where he mainly practices in the areas of estate planning and administration. He is a frequent speaker for National Business Institute and numerous business and professional groups on probate, estate planning, and other related topics. Mr. Kroll earned his B.S. degree, with honors, from Marquette University and his J.D. degree from Marquette University Law School. Mr. Kroll is a member of the Milwaukee Estate Planning Council and the State Bar of Wisconsin. He is an accredited estate planner with the National Association of Estate Planners and Councils.

PAUL M. SCHMIDT is a partner with Boardman & Clark LLP, in Madison, Wisconsin. He practices in the areas of estate planning, probate, elder law, and tax planning. Mr. Schmidt has been an adjunct professor at the University of Wisconsin Law School on the use of trusts in estate planning. He has also written several articles and presentations on trusts and estate law. Mr. Schmidt is a member of the Dane County and American bar associations, State Bar of Wisconsin, and The Florida Bar. He earned his B.S. degree, summa cum laude, from Valparaiso University; his M.S. degree from Drake University; and his J.D. degree from the University of Kansas.

ERIN M STROHBEHN is a partner with Gimbel Reilly Guerin & Brown LLP. She practices in the areas of probate and trust litigation, and civil litigation. Ms. Strohbehn speaks frequently on her areas of practice. She is a member of Milwaukee Bar Association (Fee Arbitration Committee), State Bar of Wisconsin, Milwaukee Young Lawyers' Association, Wisconsin Association for Justice, and Association for Women Lawyers. Ms. Strohbehn earned her B.A. degree from Marquette University and her J.D. degree from Marquette University School of Law.

JAMES M. WEBER is a sole practitioner and concentrates his practice in the areas of elder law, estate planning, estate and trust administration, probate, and real estate matters. Mr. Weber earned his law degree from Valparaiso University. He is a member of the National Academy of Elder Law Attorneys. Mr. Weber is also a member of the State Bar of Wisconsin (Elder Law Section and the Real Property, Probate and Trust Section).