Audio CD + Course Book
The Probate Process from Start to Finish
|Audio CD + Course Book||
Continuing Legal Education
- FL CLE - 8.00
This "a through z" guide to probate is designed to take you from the first days of the estate timeline through all the steps of marshaling and valuing estate assets, locating and paying the creditors, paying the beneficiaries, and laying the estate to rest. You will receive the latest updates on the probate court procedure and tax laws, practical guidance from experienced probate attorneys on using spousal elective share and resolving estate disputes, and sample forms and checklists to speed up the administration process. Build a solid foundation for your probate practice - order today!
- Initial Filing in Probate Court and Estate Timeline
- Law of Intestate Succession
- Probate Property vs. Non-Probate Assets
- Handling Claims Against the Estate
- Tax Reporting and Post-Mortem Tax Matters
- Probate Disputes and Litigation
- Sale of Property and Distributions
- Final Accounting and Closing the Estate
Continuing Education Credit
Continuing Legal Education – CLE: 8.00 FL - Credit Approval Expiration 09/19/2019 *
* denotes specialty credits
Agenda / Content Covered
- INITIAL FILING IN PROBATE COURT AND ESTATE TIMELINE
8:30 - 9:15, Written by Judy-Ann Smith and Clyde W. Davis. Presented by Judy-Ann Smith in Gainesville and Clyde W. Davis in Daytona Beach.
- Small Estate Administration
- Probate Court Procedure
- Estate Timetable/Checklist
- Formal vs. Informal Probate Administration
- Opening the Estate
- Petition for Probate and Administration and Notice of Hearing
- Required Notices (to Creditors, Heirs, DHS, IRS)
- Sample Forms
- What the Personal Representative Needs to Know and Do
- When is Ancillary Administration Necessary?
- LAW OF INTESTATE SUCCESSION
9:15 - 9:45, Written by Judy-Ann Smith and Clyde W. Davis. Presented by Judy-Ann Smith in Gainesville and Clyde W. Davis in Daytona Beach.
- Who Can Inherit - Degrees of Kinship and Order of Inheritance
- Determining the Share Size
- Exceptions and Bars to Inheritance
- PROBATE PROPERTY VS. NON-PROBATE ASSETS
9:45 - 10:30, Written by Judith B. Paul and Kelly Hedum. Presented by Judith B. Paul in Gainesville and Kelly Hedum in Daytona Beach.
- HANDLING CLAIMS AGAINST THE ESTATE
10:45 - 11:15, Written by Judith B. Paul and Kelly Hedum. Presented by Judith B. Paul in Gainesville and Kelly Hedum in Daytona Beach.
- Required Creditor Notice
- Determining Priority of Claims
- Allowing and Rejecting Claims, and Paying Them
- Handling Lawsuits Against the Estate and the Decedent
- Insolvency Issues
- TAX REPORTING AND POST-MORTEM TAX MATTERS
11:15 - 12:15, Written by Christopher J. Bondani. Presented by J. Brian Page in Gainesville and Taso M. Milonas in Daytona Beach.
- Final Tax Returns Timeline, Forms and Filing Procedure
- Requesting Deadline Extensions
- Income Tax Considerations in Probate
- Selecting a Tax Year: Calendar or Fiscal?
- Decedent's Final Income Tax Return
- Estate Income Tax Return
- Tax on Income Earned by Estate After Decedent's Death
- Beneficiary Income Tax Considerations
- Proper Use of Disclaimers and Valuation Discounts
- Claiming Estate Tax Portability
- Estate and Gift Tax Considerations - When Do You Need to File Form 706?
- Coordinating With Decedent's Accounting or Investment Advisors
- GST Tax Implications
- Handling Common Property Tax Issues
1:15 - 2:15, Written by Taso M. Milonas. Presented by Bruce E. Hoffman in Gainesville and Taso M. Milonas in Daytona Beach.
- Who is Your Client? Avoiding Conflicts of Interest
- Protecting Client Confidentiality
- Attorney Fees
- Malpractice Liability Risks
- Breach of Fiduciary Duty
- PROBATE DISPUTES AND LITIGATION
2:30 - 3:15, Written by Judith B. Paul and Taso M. Milonas. Presented by Judith B. Paul in Gainesville and Taso M. Milonas in Daytona Beach.
- Beneficiary Liability
- Fiduciary Liability
- Interpreting Testamentary Intent - Burdens of Proof, Presumptions, Evidence Rules
- Revoked, Multiple, Contested Wills
- Common Will Construction Problems
- Objections to Accounts and Petitions
- SALE OF PROPERTY AND DISTRIBUTIONS
3:15 - 4:00, Written by Vicki L. Eskin. Presented by Bruce E. Hoffman in Gainesville and Vicki L. Eskin in Daytona Beach.
- Disposition of Real Estate - Title Issues in Probate
- Retirement Plans and IRA Distributions
- Life Insurance and Other Beneficiary Designations and Accounts
- Preliminary and Final Distributions
- Calculating Augmented Estate and Spousal Elective Share
- Dealing With the Surviving Family Members and Other Beneficiaries
- Solving the Problem of Liquidity
- Distributions to Trusts
- FINAL ACCOUNTING AND CLOSING THE ESTATE
4:00 - 4:40, Written by Vicki L. Eskin. Presented by Bruce E. Hoffman in Gainesville and Vicki L. Eskin in Daytona Beach.
- Estate Accounting Procedure
- Closing Certificate for Fiduciaries
- Closing Decedent's Remaining Accounts
- Personal Representative and Attorney Compensation
- Extraordinary Services Compensation
- When Reopening the Estate is Warranted
CLYDE W. DAVIS is a senior partner with Davis, Broussard & Steger, PLLC. Mr. Davis represents individual and corporate clients in matters involving civil litigation, family law, estate planning and probate, and real estate. He has practiced law in Nassau County for more than 30 years. Mr. Davis has served the public as a criminal prosecutor, Fernandina Beach city attorney, and as board attorney for the Amelia Island Nassau County Association of Realtors and the Ocean Highway and Port Authority of Nassau County. He received his B.S. degree from the University of Florida and earned his J.D. degree from University of Florida College of Law. (Daytona Beach location)
VICKI L. ESKIN, owner of Levy & Associates, P.A., in Longwood, Florida, is an experienced transactional and litigation attorney practicing estate and trust planning and administration, probate, and real property. She is a member of The Florida Bar and Iowa State Bar Association, as well as the U.S. Supreme Court, Court of Appeals for the U.S. Armed Forces, and the Federal District Court for the Middle District of Florida. She served as chair in multiple years for the National Solo and Small Firm Conference for the GP|Solo Division of the American Bar Association and as an ABA advisor to the Uniform Law Commission Committee for Fiduciary Access to Digital Assets, as well as serving on The Florida Bar's RPPTL Committee, drafting a similar proposed legislation. Ms. Eskin has taught seminars and written numerous articles on estate issues of interest to attorney practitioners. She also assists foster care children aging out of the system by setting up guardianships and special needs trusts, serving as a mentor to those young adults and young lawyers starting solo and small firm practices. Ms. Eskin earned her B.S. degree from the University of Florida and her J.D. degree from the University of Florida College of Law. (Daytona Beach location)
KELLY HEDUM is a partner with the Filler & Hedum Law Firm in Longwood, Seminole County, Florida. Her areas of practice include family law, estate planning, wills, probate, guardianship and special needs law. She helps families navigate the educational and legal challenges facing parents of children with special needs. Filler & Hedum Law Firm is proud to be a community partner with the Autism Society of Greater Orlando. Ms. Hedum is a retired law enforcement officer who previously served on the Board of Directors for the Missing Children's Center, Internet Crimes Against Children Taskforce, and the Child Abduction Response Team in Central Florida. She is a member of the Seminole County Bar Association and the Seminole Inn of Court. Ms. Hedum received her master's degree in public administration from the University of Central Florida and earned her J.D. degree from Barry University-Dwayne O. Andreas School of Law. (Daytona Beach location)
BRUCE E. HOFFMAN is a sole practitioner in Gainesville, where his practice is focused in the areas of probate, guardianships, and real property law. Mr. Hoffman has been practicing law for more than 25 years, has served as an adjunct instructor of business at Nova University, and appeared as a guest lecturer on business matters at the University of Florida. He is a member of The Florida Bar (Elder Law and Real Property, Probate and Trust Law sections) and the 8th Judicial Circuit Bar Association (Real Property, Probate and Trust Law). Mr. Hoffman earned his B.S.M.E. and J.D. degrees from the University of Florida. (Gainesville location)
TASO M. MILONAS focuses his practice principally in the areas of estate planning and probate litigation. He routinely represents both fiduciaries and beneficiaries in complex will and trust disputes throughout Florida. Mr. Milonas is a Florida Bar board-certified tax lawyer. He received his LL.M. degree in taxation from the University of Florida Frederic G. Levin College of Law and his J.D. degree from Stetson University College of Law. Mr. Milonas has been ranked highly by his fellow attorneys in numerous professional peer review ratings, including Martindale-Hubbell’s AV® rating (highest possible), Florida Trend’s Legal Elite, and Florida Super Lawyers. He also has a 10/10 Avvo rating. Mr. Milonas currently serves on the Executive Council of The Florida Bar Tax Section and was recently appointed co-director of the Federal Tax Division. He has published numerous articles and is a frequent lecturer on taxes, estate planning and probate matters. (Daytona Beach location)
J. BRIAN PAGE is a tax attorney with Forster Boughman Lefkowitz & Lowe whose practice encompasses a wide range of estate planning, probate, trust administration, business succession, tax controversy, and asset protection. Mr. Page has been admitted to practice law in Florida, U.S. Tax Court, and the Northern and Middle Districts of Florida. He has also published articles and spoken publicly in the areas of estate planning, probate, trust administration, and federal tax law. Mr. Page is a member of The Florida Bar and the U.S. Tax Court. He is also a member of The Florida Bar Tax Section, The Florida Bar Real Property Probate & Trust Law Section, the Orange and Seminole County bar associations, and the Central Florida Estate Planning Council. Mr. Page earned his undergraduate degree, law degree, and master of laws in taxation (LL.M.) degree from the University of Florida.
JUDITH B. PAUL, with The Law Office of Judith B. Paul, LLC, focuses her practice in the areas of estate planning, guardianship and probate. She also practices in the areas of uncontested divorce, collaborative divorce and collaborative law issues. Ms. Paul earned her B.S. degree from Southern New Hampshire University, her M.S. degree from Franklin Pierce College and her J.D. degree from Thomas M. Cooley Law School. She is a member of the Probate Committee in the Eighth Judicial District, the Eighth Judicial Circuit Bar Association, the James Adkins Inns of Court, the North Florida Area Real Estate Association, The Florida Bar (Probate Rules Committee 2012), the American Bar Association, and the Gainesville Estate Planning Council. (Gainesville location)
JUDY-ANN SMITH is an attorney with Judy-Ann Smith Law Firm, where she practices in the areas of divorce cases and family law cases, counseled and advised clients on their estate planning needs, given estate planning presentations, and successfully handled probate cases. Ms. Smith has extensive experience in the healthcare industry and for many years worked as a registered nurse in the hospital and clinical setting, as well as having held administrative and management positions. She earned her B.S. degree in nursing from Florida Atlantic University, her M.S. degree in nursing from Florida Atlantic University, and her J.D. degree from Nova Southeastern University. Ms. Smith is a member of The Florida Bar (member, Family Law Section, Real Property, Probate and Trust Law Section), Clay County and Jacksonville bar associations, and the Eighth Judicial Bar Association. (Gainesville location)
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