Audio CD + Course Book

Top 6 Probate Problems and How to Solve Them

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • MT CLE - 6.00
From Event: Top 6 Probate Problems and How to Solve Them, held February 2018.

Program Description

Are you prepared for every contingency impatient beneficiaries and absent-minded PRs can throw your way? Do you know how to handle an estate when the creditors are banging on the decedent's door? We've compiled this little shop of probate horrors for you to learn from others' mistakes before you stumble into them. Whether you're new to the area of probate law or have practiced it for years, you will find this "walkthrough of errors" useful. Don't get caught unprepared - order today!

Course Content

  1. Personal Representative Challenges
  2. Rightful Heirs or Beneficiary Troubles
  3. Special Issues and Problems
  4. Possible Liability Problems
  5. Financial and Tax Hurdles
  6. Closing Estates: Overcoming Difficulties and Delays

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 MT - Credit Approval Expiration 02/26/2020

* denotes specialty credits

Agenda / Content Covered

  1. Personal Representative Challenges
    9:00 - 10:00, Cindy E. Younkin
    1. Having a PR Appointed When There's No Will
    2. Multiple or Co-PRs
    3. Out of State PR
    4. Controlling the Wayward PR
    5. Disability of a PR or Other Fiduciary
    6. Dealing with Theft or Mismanagement
    7. Disputes Between Beneficiaries and PRs
  2. Rightful Heirs or Beneficiary Troubles
    10:15 - 11:15, Cindy E. Younkin
    1. How to Handle Family Controversies
    2. Common Law Marriage Issues
    3. Non-Marital Children
    4. Equitable Adoption Claims
    5. Finding Missing Heirs
    6. Determining Heirs in Tardy Probate
  3. Special Issues and Problems
    11:15 - 12:15, Lawrence D. Johnson
    1. Ancillary Probate
    2. Multiple Estates; The Estate Within an Estate
    3. Heirs Property
    4. Differences Between Jurisdictions
    5. Unclaimed Property and Escheat Law
    6. Lapsed or Void Gifts
    7. Death Before Divorce is Finalized
    8. Avoiding Foreclosure of a Probate Asset
    9. Clearing Up Title Problems
    10. Dealing With a Foreign-Born Decedent, Foreign Beneficiaries or Property in Other Countries
  4. Possible Liability Problems
    1:15 - 2:15, Lawrence D. Johnson
    1. Statutes of Limitations
    2. Creditors' Claims; Negotiating With Creditors
    3. Selling Property to Pay Claims
    4. Incarcerated Heirs or Beneficiaries
    5. Uncooperative Beneficiaries
  5. Financial and Tax Hurdles
    2:15 - 3:15, Martha L. Goodloe
    1. Problems with Bookkeeping and Accounting
    2. Problems with Taxes (What, When and How to File)
    3. Problems with Elections and Non-Probate Assets (IRA Distributions and Their Tax Consequences)
    4. Open or Contingent Claims by or Against Estate
    5. Business Interests of the Decedent (Particularly Failing Business Interests)
    6. Disputes Between the Estate and Business Partners
    7. The Shares of Minors in an Estate
    8. How to Calculate the Elective Share, Omitted Spouse Share or Omitted Child Share
    9. Shares of Disabled Adults and Means-Tested Government Benefits
    10. Finding Real Estate, Bank Accounts, Life Insurance, Intangibles, Etc.
    11. Tax Claims and Liens
    12. The Insolvent Estate
  6. Closing Estates: Overcoming Difficulties and Delays
    3:30 - 4:30, Amy M. Scott Smith
    1. Formal Closing
    2. Informal Closing by Statement of Personal Representative
    3. Liability of Distributees
    4. Reopening Estates - When, How and Why?

MARTHA L. GOODLOE is a sole practitioner in Missoula, Montana, who focuses her practice in estate planning and business law. She is licensed to practice law in Montana, Colorado, Illinois, and Missouri. In addition to various CLE’s, Ms. Goodloe attended the American Bar Association six day estate practice course at New York Law School in 2016 and the National Academy of Elder Law Attorneys four day elder law class in 2017. She earned her B.A. degree, with honors, from the University of Missouri, Columbia, Missouri, and her J.D. degree from Washington & Lee University Law School in Lexington, Virginia.

LAWRENCE D. JOHNSON is a sole practitioner in Hamilton, where his areas of practice include trusts and estates, and healthcare. Mr. Johnson has lectured to the State Bar of Montana and Montana judges on topics related to his areas of practice. He earned his A.B. degree from Stanford University and his J.D. degree from the University of Washington. Mr. Johnson is a member of the State Bar of Montana and the American Bar Association.

AMY M. SCOTT SMITH is a shareholder at Worden Thane, P.C. located in Missoula, Montana. Ms. Scott Smith has experience with legal matters involving estate planning, probate, commercial transactions, business law, contract law, real estate transactions and family law, as well as general and civil litigation. Her general practice included litigating real property issues and contract disputes, as well as family law, before she focused her practice primarily to estate planning, trusts, probate, and transactional work. Ms. Scott Smith’s diverse general practice experience has provided a solid background and unique perspective that she applies in drafting comprehensive estate plans and contracts, as well as effectively resolving family disputes in probates. She graduated with her B.A. and M.P.A. degrees from the University of Montana and she earned her J.D. degree from the University of Montana School of Law, Missoula, Montana. Ms. Scott Smith is a member of the State Bar of Montana and the Western Montana Bar Association.

CINDY E. YOUNKIN is an attorney with the law firm of McLean, Younkin & Willett, PLLC. Her practice areas include wills, trusts, probate, real estate, water rights, and agriculture/farm and ranch. She has been a guest speaker on water law at Montana State University. Ms. Younkin served 3 terms in the Montana House of Representatives, 1999 - 2004; majority whip 2001 and 2003 sessions; and chaired the House of Natural Resources Committee, 2001 and 2003 sessions. She earned her B.S. degree from Montana State University, Bozeman, Montana, and her J.D. degree from Lewis and Clark Law School, Portland, Oregon.

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


Accreditation Details:

Continuing Legal Education

MT CLE: 6.00 Credit Approval Exp
This program may qualify for up to 6.0 hours of self-study CLE credit by the Montana Commission on Continuing Legal Education, including 0.0 hour of ethics. No more than 5.0 hours of self-study CLE credit may be earned during a reporting period.

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How To Order

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Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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