Audio CD + Course Book

Top 8 Probate Problems and How to Solve Them

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78216CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Top 8 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. Addressing Conservatorship and Guardianship Concerns
  2. Personal Representative Challenges
  3. Special Issues and Problems
  4. Possible Liability Problems
  5. Rightful Heirs or Beneficiary Troubles
  6. Financial and Tax Hurdles
  7. Probate Litigation
  8. Closing Estates: Overcoming Difficulties and Delays

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Addressing Conservatorship and Guardianship Concerns
    8:30 - 9:20, Steven Michael McClelland
    1. Knowing How and When to Use These Tools
    2. Procedures and Forms
    3. Guardianship/Conservatorship for Minors
    4. Guardianship/Conservatorship for Disabled Adults
    5. Estate Planning with a Conservatee (i.e. Stipulated Judgments)
  2. Personal Representative Challenges
    9:20 - 10:10, Steven Michael McClelland
    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
  3. Special Issues and Problems
    10:25 - 11:15, Paul D. White
    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
    11:15 - 11:50, John O. Payne
    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. Rightful Heirs or Beneficiary Troubles
    12:50 - 1:40, Harvey Harris
    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
  6. Financial and Tax Hurdles
    1:40 - 2:40, Christopher D. Brockett
    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
    13. Portability on Estate Tax Exemptions
  7. Probate Litigation
    2:55 - 3:50, Marva J. Davis
    1. Procedural Rules in Probate
    2. Probate Discovery
    3. Special Evidentiary Provisions
      1. Dead Man's Statute
      2. Attorney-Client Privilege
    4. Using Mediation in Probate - New Rules
    5. Lost Wills
    6. Deed Contests
    7. Will/Trust Contests
      1. Possible Grounds
      2. What Makes for a Good Will Contest Case?
      3. Burdens of Proof
      4. Jury Trials
    8. The Appeals Process
  8. Closing Estates: Overcoming Difficulties and Delays
    3:50 - 4:40, Marva J. Davis
    1. Formal Closing
    2. Informal Closing by Statement of Personal Representative
    3. Liability of Distributees
    4. Reopening Estates - When, How and Why?

CHRISTOPHER D. BROCKETT is a member at Robertson, Beasley, Shipley & Robinson, PLLC, of Fort Smith, Arkansas, with offices in Fort Smith, Springdale, Ozark and Little Rock. His primary practice areas are corporate formations and structuring; commercial and business litigation; state and federal tax controversy; tax planning and litigation; illegal exaction litigation; election challenges; probate administration; probate, trust and estate litigation; and estate planning. Mr. Brockett has authored Arkansas Probate and Estate Administration (2012 through current), Chapter 19, Tax. He also serves as editor for the Arkansas Bar Association's Probate and Trusts Law Review (2013 through present). Mr. Brockett has presented on a wide variety of topics at various legal seminars in Arkansas. He has served as an adjunct professor at the UALR William H. Bowen School of Law. Mr. Brockett is routinely named as one of the top attorneys in Little Rock by Soiré Magazine, a rising star in the tax practice area by Mid-South Super Lawyers, and was most recently named by Who's Who as one of the top attorneys in North America. He earned his B.S. degree from Arkansas Tech University, his J.D. degree from the University of Arkansas at Little Rock William H. Bowen School of Law, and his LL.M. degree from the University of Miami School of Law.

MARVA J. DAVIS is a sole practitioner in Little Rock with Marva J. Davis PLLC, where she concentrates her practice in family law, probate, estate planning, guardianship and bankruptcy. Ms. Davis has spoken for various professional groups on her areas of practice. She earned her B.A. degree from Rhodes College and her J.D. degree from the University of Arkansas at Little Rock. Ms. Davis is a member of the Pulaski County and Arkansas bar associations, the Arkansas Association of Women Lawyers and the W. Harold Flowers Law Society.

HARVEY HARRIS is a sole practitioner in the Harris Law Firm. He practices in the areas of wills, estates, tax issues and civil litigation. Mr. Harris earned his B.A. degree from Centenary College and his J.D. degree from the University of Arkansas at Little Rock. He is a member of the Arkansas, American and Pulaski County bar associations, as well as the Central Arkansas Estate Council, the National Association of Subrogation Professionals and the Arkansas Trial Lawyers Association.

STEVEN MICHAEL McCLELLAND is the owner of McClelland Law Firm, P.A. His areas of practice include bankruptcy, estate planning, family law and non-profit law. Mr. McClelland is admitted to practice in the state courts of Arkansas, state courts of Tennessee, the Eastern and Western District courts of Arkansas, and the Supreme Court of Arkansas. He is a member of the Arkansas Bar Association, Pulaski County Bar Association, and the American Bar Association. In addition, he is member of VOCALS (Volunteer Organization for Center for Arkansas Legal Services), which provides pro bono legal representation to qualifying individuals through the Center of Arkansas Legal Services. Mr. McClelland received his B.B.A. degree from Freed-Hardeman University and his J.D. degree from the University of Arkansas at Little Rock.

JOHN O. PAYNE is of counsel with Gill, Ragon, Owen, where he focuses his practice on complex commercial litigation, construction litigation, insurance claims, probate and probate litigation. Mr. Payne’s statewide practice includes over 100 jury trials and a countless number of bench trials in more than one-third of the Arkansas counties and federal district courts across the state. He has significant experience representing both plaintiffs and defendants in civil litigation. Mr. Payne is a member of the Arkansas Bar Association, Defense Research Institute, National Guard Association of the United States, and the National Guard Association of Arkansas. He earned his B.S. degree, cum laude, from Henderson State University, his J.D. degree from the University of Arkansas at Little Rock, and his Master of Strategic Studies from the United States Army War College. 

PAUL D. WHITE is an attorney at his firm, The Law Office of Paul D. White, P.A., where he focuses his practice in the areas of wills, trusts, general estate planning, litigation and nonprofits. He worked as an assistant city attorney at the Little Rock City Attorney’s Office for two and a half years before joining the Arkansas Baptist Foundation as vice president and general counsel. He has extensive experience speaking to groups across the state on topics including estate planning, charitable giving, preschool liability, church legal issues and nonprofit corporations. Mr. White received his B.A. degree from Ouachita Baptist University and his J.D. degree from the University of Arkansas at Little Rock School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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