Troubled Probates

Fairfax, VA                    10/31/11               9:00 AM-4:30 pm                                 

    1. Basic Guidelines to 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 )
    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
    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
  4. SPECIAL ISSUES AND PROBLEMS (10:45-11:15 AM) Lauren A. Jenkins
    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 the 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
  5. POSSIBLE LIABILITY PROBLEMS (11:15 AM-12:00 PM) Yahne Miorini
    1. Statutes of Limitations
    2. Creditors' Claims; Negotiating With Creditors
    3. Selling Property to Pay Claims
    4. Incarcerated Heirs or Beneficiaries
    5. Uncooperative Beneficiaries
    6. Tax Claims and Liens
    7. The Insolvent Estate
  6. PROBATE FOR ANOTHER PURPOSE (1:00-1:30 PM) Yahne Miorini
    1. Wrongful Death Litigation
    2. Minor Settlements
    3. Creditors' Claims
    4. Other Lawsuits: The Decedent as Plaintiff or Defendant
  7. CLOSING ESTATES  (1:30-2:15 PM) Christopher M. Guest
    1. Formal Closing
    2. Informal Closing by Statement of Personal Representative
    3. Liability of Distributees
    4. Reopening Estates – When, How and Why?
  8. FINANCIAL AND TAX HURDLES (2:30-3:30 PM) Kathryn E. Duffy
    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.
  9. PROBATE LITIGATION (3:30-4:30 PM) Kimberley A. Murphy
    1. Procedural Rules in for Civil Actions filed in Probate Matters
      1. Filing a Complaint
      2. Is an Answer Required?
    2. Discovery
    3. Special Evidentiary Issues
      1. Dead Man's Statute
      2. Attorney-Client Privilege
    4. Using Mediation in Probate –Some Tips
    5. Lost Wills
    6. Contesting Deeds and Other Documents
    7. Will Contests
      1. Possible Grounds
      2. What Facts Make for a Strong Will Contest Case?
      3. Burdens of Proof
      4. Jury Trials
    8. The Appeals Process
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Continuing Legal Education
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 6.0 hours of credit, which includes 0.0 hour of ethics.

Financial Planners
This program has been accepted by the CFP Board and qualifies for 7.0 hours of CE credit for CFP Certificants. CFP™, CERTIFIED FINANCIAL PLANNER™ and CFP with flame logo are certification marks owned by the Certified Financial Planner Board of Standards, Inc. These marks are awarded to individuals who successfully complete the CFP Board's initial and ongoing certification requirements.

Program Description

Anticipate and Resolve Conflicts and Challenges in Probate

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 – register today!

  • Gain practical strategies for completing probate when the personal representative fails.
  • Explore all the circumstances that require probate proceedings.
  • Acquire new approaches to effective discovery in probate litigation.
  • Understand the financial hurdles and tax consequences of the decedents' actions on probate.
  • Identify and locate rightful heirs and beneficiaries in the toughest of cases.
  • Find out what to do with estates within estates.
  • Explore common grounds for probate litigation to prevent such disputes from the start.
  • Where do lapsed or void gifts go? Hear how experienced practitioners have handled these and other asset transfer hurdles.
  • Make certain the family business is disposed of precisely as the decedent wanted: know how to locate, value and transfer business interests.
  • Hear the worst of the probate horror stories and prepare for anything this practice might spring on you.

Who Should Attend

This basic-to-intermediate level program will benefit:

  • Attorneys
  • Paralegals
  • Estate and Financial Planners
  • Accountants
  • Trust Officers

Course Content
  1. Conservatorships and Guardianships
  2. Personal Representative Challenges
  3. Determining Rightful Heirs or Beneficiaries
  4. Special Issues and Problems
  5. Possible Liability Problems
  6. Probate for Another Purpose
  7. Closing Estates
  8. Financial and Tax Hurdles
  9. Probate Litigation

Continuing Education Credits:

Continuing Legal Education – CLE: 6.00
Financial Planners – Financial Planners: 7.00
National Association of State Boards of Accountancy – CPE for Accountants: 7.00*

* denotes specialty credits