Agenda / Content Covered

  1. THE INITIAL FILING
    9:00 - 10:15, Richard Mayberry
    1. When is Probate Necessary? Formal vs. Informal?
    2. What Documents to Include?
    3. Who Must and Should be Notified?
    4. The Master Timeline – Don't Miss any Crucial Due Dates!
    5. Intra-Office Communication – Setting up the File so That Your Staff can Properly Act on It
    6. Dealing With Intestacy
    7. Local Probate Court Rules and Procedure
  2. WHO IS THE PERSONAL REPRESENTATIVE?
    10:30 - 11:15, Richard Mayberry
    1. Helping Clients Pick One
    2. Educating the PR on his/her Duties
    3. How Much is it in Your Interests and Within Ethical Bounds to Help the PR?
    4. Representing PRs in Probate Disputes/Litigation
  3. PROPER AND PRUDENT TREATMENT OF ASSETS
    11:15 - 12:00, Emory E. Hackman Jr.
    1. Assess and Document Before or After the Initial Filing?
    2. Tips for Effective Marshaling of Assets
    3. Step-up Basis of Various Assets
    4. Exempted Property
    5. Requesting Decedent's Policy Information From the Insurance Companies and Insuring Remaining Property
    6. Spousal Rights to Property
    7. Treatment of Real Property in Probate – Tenants, Mortgages, Foreclosures, Sales, etc.
    8. Business Transfers
    9. Typical Creditors and How to Deal With Them
    10. Procedures for Probating an Insolvent Estate
  4. TAX PLANNING AND CONSEQUENCES OF PROBATE
    1:00 - 1:30, Mark E. Kellogg
    1. Crucial Due Dates Timeline
    2. Obtaining Tax Identification Numbers
    3. Matching Estate Inventory and Tax Return in Probate
    4. Filing the Final Tax Return
    5. Tax Issues Connected With Insolvency
    6. Simple Tips for Minimizing Tax Burden
    7. Tax Treatment of Trusts
  5. ETHICAL CONSIDERATIONS
    1:30 - 2:30, Emory E. Hackman Jr.
    1. Who is the Client? Avoiding Conflicts of Interest
    2. Tips on Dealing With the Grieving Family
    3. Keeping Your Clients in the Know – Why it Pays off and How to do it Efficiently
    4. Getting Paid: Billable/Non-Billable Hour and Retainer Agreements
    5. Preventing Unauthorized Practice of Law by Legal Staff
  6. CLOSING THE ESTATE AND OTHER ISSUES
    2:45 - 4:30, Mark E. Kellogg
    1. The Impact of Medicaid and Other Government Programs on Probate
    2. Preparing the Final Estate Accounting
    3. Trust Administration and Termination in Probate
    4. Shopping for Probate Case Management Software
    5. Common Probate Mistakes to Avoid
    6. Property Disputes
    7. Current Legislative/Case Law Updates and Forecast