Live Seminar

The Probate Process from Start to Finish

Seminar

Date:

Thursday, March 22, 2018

Time:

8:30 AM - 4:40 PM

Product ID#:

78247ER

Location:

Holiday Inn Resort Daytona Beach Oceanfront

1615 South Atlantic Avenue

Daytona Beach, FL 32118

$349.00

$339 / Each Additional

$329 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • FL CLE - 8.00

CPE for Accountants

  • CPE for Accountants/NASBA - 8.00

Other

  • Financial Planners - 8.00
  • IACET - 0.70
  • PACE - 8.00

Program Description

Handling Probate From Initial Notices Through the Estate Closing

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 - register today!

  • Learn the procedure, rules and practical steps to effectively administer a probate.
  • Determine what form of administration is appropriate for a specific probate case.
  • Clarify the order of inheritance for an estate when there is no will.
  • Get a complete view of the sequence of events that must happen before the estate can be closed.
  • Identify common actions that trigger malpractice liability and get tips for staying in the clear.
  • Get practical advice for honoring or contesting all claims against the estate.
  • Find new ways to resolve liquidity issues that delay estate closing and final distributions and payments.
  • Learn what common closing mistakes can allow the estate to be re-opened, and how to avoid them.

Who Should Attend

This basic level seminar is designed for professionals who want to be more effective in handling the probate process, including:

  • Attorneys
  • Paralegals
  • CPAs and Accountants
  • Financial Planners and Wealth Managers
  • Tax Professionals
  • Trust Officers

Course Content

  1. Initial Filing in Probate Court and Estate Timeline
  2. Law of Intestate Succession
  3. Probate Property vs. Non-Probate Assets
  4. Handling Claims Against the Estate
  5. Tax Reporting and Post-Mortem Tax Matters
  6. Ethics
  7. Probate Disputes and Litigation
  8. Sale of Property and Distributions
  9. Final Accounting and Closing the Estate

Continuing Education Credit

Continuing Legal Education – CLE: 8.00 *

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

  1. 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.
    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
    9:15 - 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.
    1. Who Can Inherit - Degrees of Kinship and Order of Inheritance
    2. Determining the Share Size
    3. Exceptions and Bars to Inheritance
  3. 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.
  4. 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.
    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
  5. 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.
    1. Final Tax Returns Timeline, Forms and Filing Procedure
    2. Requesting Deadline Extensions
    3. Income Tax Considerations in Probate
      1. Selecting a Tax Year: Calendar or Fiscal?
      2. Decedent's Final Income Tax Return
      3. Estate Income Tax Return
      4. Tax on Income Earned by Estate After Decedent's Death
      5. Beneficiary Income Tax Considerations
    4. Proper Use of Disclaimers and Valuation Discounts
    5. Claiming Estate Tax Portability
    6. Estate and Gift Tax Considerations - When Do You Need to File Form 706?
    7. Coordinating With Decedent's Accounting or Investment Advisors
    8. GST Tax Implications
    9. Handling Common Property Tax Issues
  6. ETHICS
    1:15 - 2:15, Written by Taso M. Milonas. Presented by Bruce E. Hoffman in Gainesville and Taso M. Milonas in Daytona Beach.
    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. 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.
    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
  8. 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.
    1. Disposition of Real Estate - Title Issues in Probate
    2. Retirement Plans and IRA Distributions
    3. Life Insurance and Other Beneficiary Designations and Accounts
    4. Preliminary and Final Distributions
    5. Calculating Augmented Estate and Spousal Elective Share
    6. Dealing With the Surviving Family Members and Other Beneficiaries
    7. Solving the Problem of Liquidity
    8. Distributions to Trusts
  9. 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.
    1. Estate Accounting Procedure
    2. Closing Certificate for Fiduciaries
    3. Closing Decedent's Remaining Accounts
    4. Personal Representative and Attorney Compensation
    5. Extraordinary Services Compensation
    6. 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)

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

FL CLE: 8.00 Includes - Ethics: 1.00
Approved by The Florida Bar for a maximum of 8.0 general hours of CLER credit including 1.0 hour of ethics.


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. Restate from recall the timeline for the estate in probate court. 2. Recall the order of succession in an intestate estate. 3. Distinguish probate from non-probate assets. 4. Restate when and how notices to creditors are to be sent/posted. 5. State when the estate income tax return is due and how to request a deadline extension. 6. Identify impermissible behavior that violates ethical rules. 7. List at least three causes of action for probate litigation. 8. Provide one example of a solution to the liquidity problem. 9. List at least two instances in which one can re-open the estate after the closing.

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. Restate from recall the timeline for the estate in probate court. 2. Recall the order of succession in an intestate estate. 3. Distinguish probate from non-probate assets. 4. Restate when and how notices to creditors are to be sent/posted. 5. State when the estate income tax return is due and how to request a deadline extension. 6. Identify impermissible behavior that violates ethical rules. 7. List at least three causes of action for probate litigation. 8. Provide one example of a solution to the liquidity problem. 9. List at least two instances in which one can re-open the estate after the closing.

National Association of State Boards of Accountancy

N NAS: 8.00 Includes - Behavioral 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. Accountants should have a basic understanding of probate court procedure and tax laws. This course will: 1. Present ways to determine what form of administration best fits a particular estate. 2. Identify the order of succession in an intestate estate. 3. Examine ways to distinguish probate from non-probate assets. 4. Discuss when and how notices to creditors are to be sent/posted. 5. Examine when estate income tax return is due and how to request a deadline extension. 6. Identify impermissible behavior that violates ethical rules. 7. Explain how augmented estate is calculated. 8. Present at least 2 (two) instances in which one can re-open the estate after the closing. 9. Examine causes of action for probate litigation. No advanced preparation or prerequisites are required. Field(s) of Study -- Specialized Knowledge; Taxes; Behavioral Ethics.

Professional Achievement in Continuing Education

N PACE: 8.00 Includes - Chartered Financial Consultant: 8.00
This seminar qualifies for 8.0 PACE (Professional Achievement in Continuing Education) credit hours for ChFC.


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