Audio CD + Course Book

Top Challenges in Estate Administration

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:

79068CM

Audio + Course Book

Credit Information

Continuing Legal Education

  • MN CLE - 13.25
From Event: Top Challenges in Estate Administration, held June 2018.

Program Description

Complex estates, poor planning, dysfunctional families and other hitches can quickly complicate an estate administration. Do you know how to handle these snags without tacking on unnecessary expenses or prolonging the process? This guide will teach you how to avoid or troubleshoot common problems and settle an estate as efficiently as possible. Fine tune your estate administration skills - order today!

Course Content

DAY 1

  1. Client Misunderstandings About the Process
  2. Impediments to Initial Steps and Notices, Opening the Estate
  3. Personal Representative/Trustee Problems
  4. Creditor's Claims Frustrations
  5. Spouse Elective Share and Disclaimer Difficulties
  6. Business Complications in Estate Administration

DAY 2

  1. Marshalling the Assets: Key Complications
  2. Tax Troubles and Tips
  3. Beneficiary and Heir Problems
  4. Distribution Dilemmas
  5. Legal Ethics Challenges in Estate Administration
  6. Final Accounting and Closing Hitches

Continuing Education Credit

Continuing Legal Education – CLE: 13.25 MN - Credit Approval Expiration 03/09/2020 *


* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. Client Misunderstandings About the Process
    8:30 - 9:30, Chris Tymchuck
    1. Explaining the Process and Managing Expectations
    2. Timing Tips: What to do and When
    3. Keeping Track of Deadlines
  2. Impediments to Initial Steps and Notices, Opening the Estate
    9:30 - 10:45, Chris Tymchuck
    1. Lost Wills, Interpretation Issues, etc.
    2. Petition Problems
    3. Notice to Missing Beneficiaries and Heirs
    4. Difficulties Creditor Notices Create
    5. Twists in Intestate Succession: Complicating Scenarios
  3. Personal Representative/Trustee Problems
    11:00 - 12:00, Ryan M. Prochaska and Jill M. Sauber
    1. Powers and Duties Dilemmas
    2. Unresponsive/Uncooperative Fiduciaries
    3. When a Family Member is the PR/Trustee
    4. Fixing Fiduciary Mistakes
    5. The Rogue Fiduciary
  4. Creditor's Claims Frustrations
    1:00 - 2:15, Ryan M. Prochaska and Jill M. Sauber
    1. Properly Handling Creditors' Claims
    2. Problems with Unsecured and Contested Claims
    3. Medicaid Estate Recovery and Other Liens
    4. Selling Assets to Satisfy Claims
    5. Insolvent Estates
  5. Spouse Elective Share and Disclaimer Difficulties
    2:30 - 3:30, Jeffrey W. Lambert
    1. Elective Share Problems
    2. Disclaimer Issues and Inadvertent Gifting
  6. Business Complications in Estate Administration
    3:30 - 4:40, Jeffrey W. Lambert
    1. Valuation Problems
    2. Dealing with Ongoing Businesses
    3. Succession Complications
    4. Tax Planning and Reporting

DAY 2

  1. Marshalling the Assets: Key Complications
    8:30 - 9:45, Ryan M. Prochaska and Jill M. Sauber
    1. Missing, Hidden and Misidentified Assets
    2. Assets Transferred Prior to Death
    3. Real Estate Problems, Title Issues and Partition of Undivided Interests
    4. Dealing with Holders of Assets
    5. Preparing the Inventory and Appraisal
    6. Digital Assets, Firearms and Other Oddities
  2. Tax Troubles and Tips
    9:45 - 10:45, Erica J. Lindquist
  3. Beneficiary and Heir Problems
    11:00 - 12:15, Abraham Schwager
    1. Beneficiaries Who Are Incapacitated, Minors, or Cannot be Located
    2. Uncooperative Beneficiaries
    3. Disputes Over Property
  4. Distribution Dilemmas
    1:15 - 2:30, Abraham Schwager
    1. Discretionary Distributions
    2. Partial Distributions
    3. Recovering Distributions
    4. Unwanted Assets
    5. Specific Assets and Changed Circumstances
  5. Legal Ethics Challenges in Estate Administration
    2:45 - 3:45, Abraham Schwager
    1. Who is Your Client?
    2. Attorney Fees Dilemmas
    3. Challenges to Protecting Confidentiality
    4. Client Competence Problems
    5. Non-Compliant PRs: Counsel Obligations and Liability
  6. Final Accounting and Closing Hitches
    3:45 - 4:40, Erica J. Lindquist
    1. Problems Preparing the Final Account
    2. Walkthrough of a Complex Accounting
    3. Handling Discrepancies
    4. Closing Obstacles, Including Unhappy Beneficiaries Who May Sue

JEFFREY W. LAMBERT is the principal of the law firm of Jeffrey W. Lambert, P.A., in Wayzata, Minnesota. Since 1976, his main areas of practice include probate and trust administration, business and estate planning, and residential/commercial real estate. Mr. Lambert serves as Wayzata city prosecutor (part-time contract position with the city) and is responsible for prosecution of all petty misdemeanors, misdemeanors and gross misdemeanors occurring within the city of Wayzata. He is a member of the American Bar Association, the Hennepin County Bar Association, the Minnesota State Bar Association, the Wayzata Historical Society, and the Suburban Prosecutor's Association. Mr. Lambert is one of the founding board members of the Wayzata Crime Prevention Coalition. He earned his B.A. degree, cum laude, from the University of Minnesota and his J.D. degree from the University of Minnesota.

ERICA J. LINDQUIST is an attorney with Chestnut Cambronne PA, where she specializes in estate and gift planning, tax planning, and compliance for trusts and estates. She is an active CPA and has more than 10 years of experience in the preparation of estate, trust, gift, and individual income tax returns. Ms. Lindquist is a member of the Minnesota State Bar Association's Probate and Trust Law Section, Minnesota Society of Public Accountants, Monday Tax Forum, and Twin Cities Estate Planning Council. She is also the treasurer of Theatre Unbound, a local non-profit organization. Ms. Lindquist earned her B.S.B. degree from the University of Minnesota and her J.D. degree from William Mitchell College of Law.

RYAN M. PROCHASKA is an attorney with Chestnut Cambronne PA, where he practices in the areas of estate planning, estate administration (probate), and asset protection planning. He is a volunteer for the Wills for Heroes Program, participates as a mentor in the Mitchell Hamline School of Law's Mentor Program, and is a member of the Minnesota State Bar Association and the State Bar of Wisconsin, including the Probate and Trust Law Section and Elder Law Section. Mr. Prochaska earned his B.S. degree from the University of Minnesota and his J.D. degree from William Mitchell College of Law.

JILL M. SAUBER is an attorney with Chestnut Cambronne PA, where she practices in the areas of elder law, with emphasis on long-term care planning, asset protection, and government benefits; estate planning; estate administration (probate); trusts; litigation; and mortuary law. Recently, Ms. Sauber successfully advocated on behalf of her disabled clients, working closely with government officials, to institute changes to the Hennepin County Fee policies regarding payment of fees for court-appointed guardians, conservators, and attorneys for in forma pauperis (IFP) probate cases. She earned her B.S. degree from the University of Minnesota and her J.D. degree from the University of St. Thomas School of Law.

ABRAHAM SCHWAGER is an attorney with Chandler & Brown Ltd, where he focuses on estate planning and business planning. He assists his clients with comprehensive estate planning, including wealth preservation, wealth transfer, and asset protection techniques. Mr. Schwager also works extensively with business owners on formation of business entities, business transition strategies, and sales of businesses. Due to his strong agricultural background, he counts many farm families among his clients. Mr. Schwager frequently presents on the topics of estate planning, business planning, and charitable giving. He is licensed to practice in Minnesota and Wisconsin. Mr. Schwager earned his B.S. degree, with distinction, from Iowa State University; and his J.D. degree, cum laude, from William Mitchell College of Law.

CHRIS TYMCHUCK is the founder of the law firm Unique Estate Law, where she represents estate planning and probate clients throughout Minnesota. The firm focuses on all aspects of estate planning, including specialized wills, trusts, powers of attorney, and medical directives for married couples, young families, blended families, single parents, gay families, and those going through a divorce. Unique Estate Law also handles probate and trust administration, elder law, business succession planning, and cabin planning. Ms. Tymchuck earned her B.A. degree from the University of California, Santa Barbara and her J.D. degree from William Mitchell College of Law. She is a member of the Minnesota State Bar Association's Diversity Committee, Federal Bar Association's Diversity Committee, and Minnesota Lavender Bar Association (former board member). Ms. Tymchuck also teaches a probate course at the Inver Hills paralegal studies program and is a frequent author and speaker on her areas of practice.

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

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Accreditation Details:

Continuing Legal Education

MN CLE: 13.25 Credit Approval Exp
03/09/2020
Includes - Ethics: 1.00
Approved for up to 13.25 hours of on-demand CLE credit, including 1.0 hour of ethics by the Minnesota Board of Continuing Legal Education. No more than 15.0 hours of on-demand CLE credit may be earned during a reporting period.


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