Training Course Syllabus:
The Essentials of Probate Practice
Efficiently and Accurately Handle the Challenges of Probate
To ensure a successful outcome in settling an estate for your clients, you need to have a thorough understanding of the probate process. How does your knowledge stack up? Get the solid foundation you need to thrive in the probate arena by attending this up-to-date seminar. Examine the nuts and bolts of the probate process so you'll be better prepared to handle decedents' estates. Register today!
- The probate process: know how to and where to begin to improve your efficiency and effectiveness.
- Properly handle claims against the estate.
- Not finding a will? Identify hidden ways to determine the existence of a will.
- Easily coordinate the filing of the estate tax and fiduciary income tax return.
- Confidently handle the closing process from the timing of distributions to obtaining discharge of the personal representative.
- Identify common probate problems and come away with solutions that work!
- Recognize and protect spousal rights during the probate process.
- Advise your clients on what family allowances can be taken.
- INITIATING THE PROBATE PROCESS
8:30 - 9:45, Written by Donald J. Farinato
Presented by Richard W. Buhrman in Chattanooga and Donald J. Farinato in Knoxville
- Interviewing and Determining the Personal Representative
- Evaluating the Estate to Minimize Costs and Expenses - The High Cost of Dying
- Locating, Collecting and Taking Inventory of the Decedent's Assets - Probate vs. Nonprobate
- Determining Which Types of Administration are Right for You - Informal or Formal
- Elections and Filings
- Handling Claims Against the Estate
- Using Renunciation and Disclaimers as a Post-Mortem Planning Device
- SPOUSE'S RIGHTS AND FAMILY MAINTENANCE
9:45 - 10:45, Written by Joel D. Roettger
Presented by Richard W. Buhrman in Chattanooga and Joel D. Roettger in Knoxville
- Determining the Existence or Nonexistence of a Will
- Duties of the Personal Representative
- Homestead and Exempt Property - What is Legally Your Client's, Regardless of Value
- Effect of Prenuptial and Postnuptial Agreements
- The Surviving Spouse's Elective Share
- What Are the Family Allowances That Can Be Taken?
- BASIC TAX MATTERS
11:00 - 12:15, Written by Donald J. Farinato and Joel D. Roettger
Presented by Richard W. Buhrman in Chattanooga and Donald J. Farinato and Joel D. Roettger in Knoxville
- Overview of Tax Compliance and Post-Mortem Planning
- Coordinating and Filing the Estate Tax and Fiduciary Income Tax Return
- Planning for an Estate Tax Audit
- Generation-Skipping Transfer Taxes
- Reverse QTIP Elections
- CLOSING THE ESTATE
1:15 - 2:15, Written by Joel D. Roettger
Presented by Jerry N. Estes in Chattanooga and Joel D. Roettger in Knoxville
- Timing of Distributions
- Transfer of Probate and Nonprobate Assets
- Distributions to Minors and Trusts
- Preparing the Final Account
- Petition for Complete Settlement
- Obtaining Discharge of the Personal Representative
- ETHICS IN PROBATE PRACTICE
2:15 - 3:15, Written by Donald J. Farinato
Presented by Jerry N. Estes in Chattanooga and Donald J. Farinato in Knoxville
- Performing Competent Legal Services
- Identifying the Client
- Avoiding Conflicts of Interest
- Distinguishing Privileged and Non-Privileged Communication
- Keeping the Client Informed
- Establishing Attorneys' Fees
- COMMON PROBATE PROBLEMS AND HOW TO SOLVE THEM
3:30 - 4:40, Written by Donald J. Farinato and Joel D. Roettger
Jerry N. Estes in Chattanooga
and Donald J. Farinato and Joel D. Roettger in Knoxville
- What to Do When the Decedent Has Property in More Than One State - Multiple Domiciles
- Inter Vivos and Testamentary Trusts
- Intestate Administration
- Lost/Withheld Wills