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Overview
Creditor Claims, Distributions, Tax Issues, and More!
Working through issues that arise through probate and trust administration can be daunting. Are you well-equipped with the tools you need to succeed? This insightful course will take you through steps in probate administration, including information on creditor and debt issues, tax and more. You will also get valuable insight on trust administration, including the handling of accounting, distributions and taxes. Don't miss this opportunity to hone your probate and trust administration skills - register today!
- Take a closer look at the initial steps for filing the estate.
- Discuss what needs to be done to handle creditor claims and debts.
- Make sure everything is in order for the final distribution of the estate.
- Review what issues need to be addressed concerning taxes in probate administration.
- Get the latest information on taxation concerns associated with trusts.
- Explore the different types of trusts and how they are used.
- Learn ways to manage, sell and distribute property and assets in trust administration.
- Gain a better understanding of the distinctions between trust fiduciary accounting and income tax accounting.
Abbreviated Agenda
- Probate Process and Overview
- Assets, Creditor Claims and Debt Considerations
- Distributions, Final Accounting and Closing the Estate
- Tax Issues in Probate Administration
- Trust Taxation Issues
- What You Need to Know About Trusts
- Accounting/Distributions in Trust Administration
- Ethics and Estate Administration
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Montana CLE |
|
6.75 Total | 02-08-2027 |
Select Jurisdiction
CLE
Agenda
-
Probate Process and Overview
- Review of the Probate Timeline
- Forms of Administration
- Deadlines to be Aware of
- Documents Used in the Probate Process
- Information Gathering
- Laws of Intestacy
- Initial Petition and Notices
- Sample Forms, Letters and Documents
-
Assets, Creditor Claims and Debt Considerations
- Marshalling Probate and Non-Probate Assets: Key Procedures
- Properly Ensure ALL Debt is Located and Handled
- Required Public Notices to Creditors
- Priority and Payment Determinations for Claims
- Contested Claims and Prescribed Claims
- Appropriately Dealing with Creditors
- Insolvent Estates
- Sale of Assets to Satisfy Creditors
-
Distributions, Final Accounting and Closing the Estate
- Documents Needed to Close the Estate
- Proper Transfer and Timing of Distributions - Probate and Non-Probate Assets
- Distributions in Kind
- Distribution to Minors, Surviving Spouse and Trusts
- Disposition of Unclaimed Assets
- Fees for Personal Representatives and Attorneys
- Annual Accounting Requirements and Format
- Final Accounting Checklist
- Estate Closing Procedures
-
Tax Issues in Probate Administration
- State and Federal Tax Considerations
- Tax Deadlines and Extensions
- Essential Tax Forms and Returns
- Deductions and Exemptions
- Income Tax and Basis Adjustment for Decedent's Assets
- Real Property Tax Considerations
-
Trust Taxation Issues
- Tax Returns: Annual and Final
- Tax Consequences of Trustee's Actions
- Real Property Taxes
- Income Taxation
- Estate and Generation-Skipping Transfer Taxes
- Tax Consequences of Paying Retirement Benefits to Trusts
- Tax Basis in the Assets
-
What You Need to Know About Trusts
- Types of Trusts and Their Purpose
- Jurisdiction
- Duties and Powers of the Trustee
- Valuation of Assets
- Funding a Trust
- Communication with Beneficiaries
- Amending and Modifying the Trust
- Trust Administration Checklist
- Sample Forms and Documents
-
Accounting/Distributions in Trust Administration
- Notices of Proposed Actions
- Uniform Principal and Income Act
- Trust Provisions Concerning Distributions
- Managing, Selling and Distributing Property and Assets
- Investing Assets
- Distinctions Between Trust Fiduciary Accounting and Income Tax Accounting
- Determining Trustee Fees
- Communication with Creditors
- Distribution to Beneficiaries
- Trust Termination
-
Ethics and Estate Administration
- Breach of Fiduciary Responsibility
- Avoiding Conflicts of Interest
- Confidentiality
- Fee Agreements
Who Should Attend
This intermediate level online seminar is designed for professionals who want to be more effective in the probate and trust administration process, such as:
- Attorneys
- CPAs and Accountants
- Tax Professionals
- Financial Planners and Wealth Managers
- Trust Officers
- Paralegals
Speakers
Speaker bio
Walter Clapp
is the founding partner of Honor Coin Law, PLLC, a high energy, tech-focused firm that aims to help reduce the cost of justice for those living in rural Montana. He is an orator on probate, business, constitutional and family law topics. Drawing on his studies in philosophy and religion, Mr. Clapp focuses on the attorney's counseling role for probate and family law matters. He earned his B.A. degree, cum laude, from Rhodes College and his J.D. degree, cum laude, from Georgetown University School of Law.
Speaker bio
Frans A. Andersson
is an associate at Billstein, Monson & Small PLLC located in Billings, Montana. He represents individual, corporate, and institutional clients in all matters relating to tax law. Mr. Andersson also assists with real estate transactions, corporate governance, and finance. He attended the University of New Hampshire, where he studied political science and philosophy. After moving west, Mr. Andersson earned his law degree from the University of Montana School of Law and went on to receive his LL.M. degree in taxation from the University of Florida. He is admitted to practice law in Montana.
Speaker bio
Anna M. Reed
is an attorney at Billstein, Monson & Small PLLC located in Billings, Montana. Her practice areas include estate planning, estate and trust administration, guardianship and conservatorship, and adoption. Ms. Reed attended Montana State University in Bozeman, Montana and received a degree in film and photography, followed by law school at the University of Montana School of Law. She is admitted to practice law in Montana and Wyoming.
Speaker bio
Caity Zimmerman
is an attorney at Billstein, Monson & Small PLLC located in Billings, Montana. She practices estate planning and administration, particularly for families with agricultural backgrounds. Ms. Zimmerman received her Bachelor of Arts degree in communication from Pacific Lutheran University. After completing two years of volunteer corps service in South Africa and Chicago, she graduated with honors from Alexander Blewett III School of Law at the University of Montana. Ms. Zimmerman had the opportunity to clerk for the Honorable Justice Jim Rice at the Montana Supreme Court, and was in an estate planning practice with Josephson Law Firm in Big Timber before joining the Billstein, Monson & Small team. She is licensed to practice law in Montana.
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