Audio CD + Course Book

The Ultimate Guide to Probate

Audio CD + Course Book

Copyright Date:

October, 2017

Product ID#:

76995CM

Audio + Course Book

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  • National Association of Legal Assistants, Inc. - 6.50
  • National Federation of Paralegal Associations, Inc.
From Event: The Ultimate Guide to Probate, held October 2017.

Program Description

Probate practice is becoming an increasingly marketable skill due to the aging population and clients' reliance on competent attorneys and other professionals who can smoothly walk them through the procedures. This guide will provide you with not only an understanding of the step-by-step probate process, but also with a hard-won knowledge for managing issues regarding executors, creditor claims, inventory/accounting, beneficiary distributions and closing the estate. Enhance your practice - order today!

Course Content

  1. The Probate Process Explained
  2. Distinguishing Between Probate and Non-Probate Assets
  3. Inventory and Satisfying Creditor Claims
  4. Tax Deadlines and Preparing, Coordinating and Filing Returns
  5. Beneficiary Distributions, Final Account and Closing of the Estate
  6. Ethical Practice Considerations and Concerns in Probate

Continuing Education Credit

National Association of Legal Assistants, Inc. – NALA: 6.50 N - Credit Approval Expiration 10/17/2019 *

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. The Probate Process Explained
    8:30 - 9:45, Written by Karl D. Warden.
    Presented by Joyce H. Sealand in Jackson and Memphis, and Karl D. Warden in Nashville.
    1. Initial Considerations and Steps
    2. Roles and Responsibilities
    3. Situs and Ancillary Probate
    4. Forms of Administering an Estate
    5. Laws of Intestacy and Heirship
    6. Exceptions to Succession: Blended Families and More
    7. Executor Appointment and Taxpayer ID Number
    8. Filing Petition to Admit Will to Probate
    9. Notice to Interested Parties
    10. Waivers and Consents Rejections
    11. How to Manage the Non-Professional Executor
    12. Lost Wills, Partial Revocations, and Trends in Will and Trust Contests
  2. Distinguishing Between Probate and Non-Probate Assets
    10:00 - 11:00, Written by Karl D. Warden.
    Presented by Joyce H. Sealand in Jackson and Memphis, and Karl D. Warden in Nashville.
  3. Inventory and Satisfying Creditor Claims
    11:00 - 12:15, Written by Peter T. Dirksen.
    Presented by Matthew R. West in Jackson, J. Vincent Perryman in Memphis, and Peter T. Dirksen in Nashville.
    1. Strategies for Discovering Assets in the Modern Age, Digital Assets
    2. Dealing with Digital Accounts and Assets
    3. Exempt Property Set-Asides and Family Allowance
    4. Identifying and Valuing Assets
    5. Reporting of Annuities on Inventories
    6. Inventory Issues: Marital Property, Loaned Items and More
    7. Identifying Possible Creditors and Giving Actual Notice
    8. Creditor Priorities and Claims You Should Reject
    9. Insufficient Assets and Abatement
  4. Tax Deadlines and Preparing, Coordinating and Filing Returns
    1:15 - 2:15, Written by Paul S. Parker.
    Presented by William C. Bell Jr. in Jackson, Thomas L. Maschmeyer Jr. in Memphis, and Paul S. Parker in Nashville.
    1. Selection of the Tax Year
    2. When to File Form 1041/Estate Income Tax Return
    3. Portability: Should You File Form 706?
    4. Allocating Items That are Deductible on the 1041/Final 1040/706
    5. Passive Activity Losses and Basis Adjustments
    6. Reporting of Transfers on Schedule G and Life Interests
  5. Beneficiary Distributions, Final Account and Closing of the Estate
    2:15 - 3:25, Written by Matthew R. West.
    Presented by Matthew R. West in Jackson, Thomas L. Maschmeyer Jr. in Memphis, and Ralph Z. Levy Jr. in Nashville.
    1. Partial Distributions, Disclaimers and Divestment Traps
    2. Mitigating Distribution-Related Tax Consequences
    3. Recovering Assets in the Hands of Others
    4. Settling Disputes with Beneficiaries
    5. Covering Your Assets: Getting Receipts Signed
    6. Classification of Expenses on the Final Account
    7. Balancing the Final Account: Common Mistakes
    8. Extending, Closing and Re-Opening an Estate
  6. Ethical Practice Considerations and Concerns in Probate
    3:40 - 4:40, Written by Ralph Z. Levy Jr.
    Presented by J. Vincent Perryman in Jackson and Memphis, and Ralph Z. Levy Jr. in Nashville.
    1. Who is Your Client?
    2. Rules of Professional Conduct
    3. Establishing Reasonable Attorney and Paralegal Fees
    4. Attorneys' Obligations to Executor and Opposing Parties
    5. Ethical Risks of Attorneys Serving as Executors
    6. Attorneys or Attorneys' Relatives Named as Beneficiaries
    7. Mock Ethical Scenarios and Recommended Solutions

WILLIAM C. BELL JR. is a member of Rainey, Kizer, Reviere & Bell, P.L.C. His practice focuses in the areas of real estate transactions, trusts and estate planning, probate, business transactions, business formations, commercial loans, and commercial litigation. Mr. Bell is a member of the firm’s business law practice group. He was admitted to practice by the Supreme Court of Tennessee. Mr. Bell also is admitted to practice before the U.S. District Court of Tennessee (Western District). He is a member of the Jackson-Madison County and Tennessee bar associations. Mr. Bell earned his J.D. degree from the University of Tennessee College of Law. (Jackson location)

PETER T. DIRKSEN is a senior vice president and wealth strategies advisor for U.S. Trust, Bank of America Private Wealth Management. His responsibilities include offering value added solutions to bank customers by coordinating the delivery of tax, estate planning, and financial consulting services to high-net-worth individuals and families. Mr. Dirksen works closely with clients and their outside advisors to provide specialized wealth management and fiduciary services. He is a member of The Florida Bar, State Bar of Georgia, and the Nashville Bar Association. Mr. Dirksen earned his B.B.A. degree from the University of Georgia, his J.D. degree from Mercer University, and his LL.M. degree from the University of Florida. (Nashville location)

RALPH Z. LEVY JR. is of counsel with Dickinson Wright PLLC, a full-service law firm with over 400 attorneys with offices in Michigan, Tennessee, Arizona, Nevada, Ohio, Kentucky, Washington, D.C. and Toronto, Ontario. His areas of practice include entity formation and operation, entrepreneurial business services, estate planning and family succession planning, health enterprises and transactions, and tax planning and controversies. In more than 35 years of practicing law, Mr. Levy's extensive experience includes private practice, as well as serving for more than ten years as general counsel, executive vice president, and secretary for Gambro Healthcare, Inc., a national provider of dialysis services. He is a member of the Tennessee Bar Association and the Nashville Bar Association. Mr. Levy earned his A.B. degree, cum laude, from Colgate University; his LL.M. degree from New York University; and his J.D. degree from Vanderbilt University School of Law. (Nashville location)

THOMAS L. MASCHMEYER JR. is an attorney in the Memphis law firm of Griffin, Clift, Everton & Maschmeyer, PLLC, where he practices in the areas of estate planning, trusts, probate, and business planning and transactions. Mr. Maschmeyer is a certified public accountant (inactive) and a former adjunct professor at Southwest Tennessee Community College, where he taught courses on estate planning principles and business law. He earned his B.S. degree, summa cum laude, from Southeast Missouri State University and his J.D. degree from the University of Memphis. Mr. Maschmeyer is a member of the Memphis Bar Association and the Memphis Estate Planning Council. (Memphis location)

PAUL S. PARKER is a shareholder in the Nashville law firm of Dodson, Parker, Behm & Capparella, P.C., practicing in the areas of estate planning and probate, tax, small business, and corporation law. Mr. Parker has been practicing law for 30 years and has lectured for National Business Institute and other groups on matters related to choice of business entity, estate planning, and probate. He co-wrote West's probate forms for their Tennessee Practice Legal Forms Book. Mr. Parker is a past treasurer for the Nashville Bar Association, and a member of the Tennessee Bar Association (Tax Section) and American Bar Association (Tax Section). He earned his B.A. degree, cum laude, from Cornell College and his J.D. degree from Vanderbilt University. (Nashville location)

J. VINCENT PERRYMAN opened his own firm, after working with a well-established Memphis law firm focused on estate planning and taxation. His goal is to add value to each client's life through honest and thoughtful legal representation. Mr. Perryman is admitted to practice in Tennessee and is a member of the Memphis Bar Association, the Tennessee Bar Association and the Leo Bearman, Sr. American Inn of Court. He received his B.S. degree from the University of Memphis, his LL.M. degree from the University of Washington, and his J.D. degree from the University of Memphis, Cecil C. Humphreys School of Law. (Jackson and Memphis locations)

JOYCE H. SEALAND is a shareholder with the Memphis law firm of Evans | Petree PC, where she practices in estate and income tax planning, and probate. Ms. Sealand has been practicing law for 30 years, and frequently lectures for National Business Institute and other professional groups on probate, estate planning, and trust issues. She is a member of the Tennessee and Memphis bar associations; Association for Women Attorneys; and the Estate Planning Council. Ms. Sealand earned both her B.B.A. degree and J.D. degree from the University of Memphis. (Jackson and Memphis locations)

KARL D. WARDEN is a sole practitioner in Nashville, where he practices in the areas of elder law, estate planning, business law, business litigation, and civil law. He has been practicing law for more than 30 years, and has lectured for professional groups on matters related to estate planning and elder law. Mr. Warden is admitted to practice in Tennessee. He earned his B.A. degree from Vanderbilt University, his J.D. degree from West Virginia University and his LL.M. degree from George Washington University. Mr. Warden is a member of the Nashville Bar Association, a recipient of the CLE Excellence Award, and a fellow of the Nashville Bar Foundation. (Nashville location)

MATTHEW R. WEST is an attorney with the law firm of Teel & Maroney, where he focuses his practice in the areas of wills and probate, estate planning, trusts, conservatorship/guardianship, creditor rights, contract drafting, real estate litigation, business organization, business acquisition, contract litigation, business litigation, construction litigation, trial practice, and appellate practice. Mr. West is admitted to practice in the state of Tennessee and before the U.S. District Court and the Western District of Tennessee. He is a member of the American Bar Association, Real Property, Trust, and Estate Law Section; Tennessee Bar Association, Estate Planning and Probate Section; and the Jackson-Madison County Bar Association. Mr. West earned his B.S. degree from Union University and his J.D. degree from the Cumberland School of Law at Samford University. He is currently on the Board of Directors for the Jackson Madison County Bar Association, as well as on the Board of Directors for the Young Lawyers Division of Jackson Madison County Bar Association. (Jackson 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:

National Association of Legal Assistants, Inc.

N LA: 6.50 Credit Approval Exp
10/17/2019
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 self-study credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR: Credit Approval Exp
10/17/2018
NBI, Inc. is a NFPA approved CLE provider.


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