SEMINAR: The Probate Process From Start to Finish

Date:
Monday, April 18, 2016

Time:
8:30 AM - 4:40 PM

Product ID#:
71716ER

Location:
RIT Inn & Conference Center
5257 West Henrietta Road
West Henrietta, NY 14586


Program Description

Your Fundamental Guide to Probate

So your client wants you to handle a probate case - do you know where to start? Do you know the proper procedures to use, as well as the law? At this seminar, our experienced faculty will give you detailed, step-by-step information to confidently and ably navigate the system. Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Enroll today!

  • Get a step-by-step walkthrough of a probate case complete with practice tips from seasoned practitioners.
  • Implement a complete estate timetable in order to know what needs to be done - and when.
  • Effectively guide the executor and the administrator through their various duties.
  • Avoid problems arising from creditors' claims and insolvency with our powerful strategies.
  • Know the secrets to confidently handling a spouse's elective share.
  • Forestall disagreements between beneficiaries: adhere to the guidelines of precedence in case of intestacy.
  • Follow thorough closing procedures so accounting is complete before distribution takes place.

Who Should Attend

This basic level seminar will provide those who have limited probate experience with tips on successfully handling a probate case. This comprehensive seminar will benefit:

  • Attorneys
  • Paralegals
  • Accountants
  • Trust officers
  • Financial planners
  • Estate planners

Course Content

  1. Taking the First Step: Filing an Estate in Probate Court
  2. Understanding the Role of the Personal Representative in Probate
  3. Managing the Inventory
  4. Administering the Estate Effectively
  5. Maintaining an Ethical Balance in Probate Practice
  6. Determining if Spouse's Elective Share is a Reasonable Option
  7. Uncovering the Laws of Intestacy and How They May Apply
  8. Putting the Case to Rest: Closing the Estate

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 8.00 -  NJ*
CLE 8.00 -  NY*

Continuing Professional Education for Accountants – CPE for Accountants: 8.00 *

Financial Planners – Financial Planners: 8.00

International Association for Continuing Education Training – IACET: 0.70

National Association of Legal Assistants, Inc. – NALA: 6.50 *

National Association of State Boards of Accountancy – CPE for Accountants: 8.00 *

National Federation of Paralegal Associations, Inc. – NFPA

Professional Achievement in Continuing Education – PACE: 8.00 *

* denotes specialty credits

 

Agenda / Content Covered

  1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT 
    8:30 - 9:15, Written by Paul F. Iaconis. Presented by Kristin S. Jonsson in Rochester, Jennifer L. Alfieri in Syracuse and Kathryn A. Jackson in Buffalo.
    1. Small Estate - What it is and How to File
    2. Regular Estate
    3. The Estate Timetable - What You Need to Do
    4. Proving the Will
    5. Challenging the Will
  2. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
    9:15 - 10:00, Written by Richard H. Murphy. Presented by Kristin S. Jonsson in Rochester, Jennifer L. Alfieri in Syracuse and Richard H. Murphy in Buffalo.
    1. Duties of the Personal Representative
    2. Misconduct and/or Removal
    3. Compensation Guidelines
    4. Special Administration Issues
  3. MANAGING THE INVENTORY
    10:15 - 11:00, Written by Paul S. Boylan. Presented by Paul S. Boylan in Rochester, Jennifer L. Alfieri in Syracuse and Stephen E. Brooks in Buffalo.
    1. Statutory Requirements and How They Affect Your Case
    2. Notice to Creditors, Beneficiaries and State Agencies - What is Required
    3. Collecting, Maintaining and Managing Assets
    4. Inventory Problems
  4. ADMINISTERING THE ESTATE EFFECTIVELY
    11:00 - 12:00, Written by Edward C. Kenyon. Presented by Edward C. Kenyon in Rochester, Mary Anne Cody in Syracuse and Kathryn A. Jackson in Buffalo.
    1. How to Respond to Creditors' Claims
    2. Insolvency
    3. Managing the Estate Cash Responsibly
    4. Disclaimers
    5. Partial Distributions
  5. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
    1:00 - 2:00, Written by Edward C. Kenyon. Presented by Edward C. Kenyon in Rochester, Mary Anne Cody in Syracuse and Richard H. Murphy in Buffalo.
    1. Performing Competent Legal Services
    2. Identifying the Client
    3. Avoiding Conflicts of Interest
    4. Distinguishing Between Privileged and Non-Privileged Communication
    5. Establishing Reasonable Attorneys’ Fees
  6. DETERMINING IF SPOUSE'S ELECTIVE SHARE IS A REASONABLE OPTION
    2:00 - 2:45, Written by George H. Gray. Presented by George H. Gray in Rochester, Emilee Lawson Hatch in Syracuse and Stephen E. Brooks in Buffalo.
    1. Homestead Allowance
    2. How to Determine the Elective Share Estate
    3. What are Spousal Rights and Personalty?
    4. Rights of Election
    5. Step-by-Step Procedure
    6. How to Satisfy the Elective Share
  7. UNCOVERING THE LAWS OF INTESTACY AND HOW THEY MAY APPLY
    3:00 - 3:45, Written by George H. Gray. Presented by George H. Gray in Rochester, Emilee Lawson Hatch in Syracuse and Brian W. Downey in Buffalo.
  8. PUTTING THE CASE TO REST: CLOSING THE ESTATE
    3:45 - 4:40, Written by Brian W. Downey. Presented by Paul S. Boylan in Rochester, Mary Anne Cody in Syracuse and Brian W. Downey in Buffalo.
    1. Final Accounting
    2. Distribution of Estate to Beneficiaries
    3. Discharge of Fiduciary
    4. Tax Returns - What Needs to be Filed and When

Speakers

PAUL S. BOYLAN is senior partner at Boylan Law Office, LLP, in LeRoy. Mr. Boylan focuses his practice in the areas of estate planning, trust creation and administration. He is admitted to practice law in both New York and Florida. In addition, he is admitted to practice in the U.S. District Court (WDNY), U.S. Tax Court, and the U. S. Supreme Court. Mr. Boylan has been attorney for the executors and administrators of many estates and for both the trustee and beneficiaries of many trusts. He earned his Bachelor's degree from the Simon School of Business at the University of Rochester and his law degree from Union University's Albany Law School.

GEORGE H. GRAY is a partner in the law firm of Gray & Feldman LLP, in Rochester, New York, whose practice includes estate planning and administration, special needs planning, tax planning, business law, and commercial transactions. He has a strong background in federal and New York State tax law, which he uses to assist clients to prepare wills and trusts, and to structure business succession plans. He is on the Board of Directors of Starbridge, a Rochester based not-for-profit providing residential, vocational and advocacy services for individuals with a disability. Mr. Gray has developed an expertise in meeting the legal needs of individuals with disabilities and their families, including the preparation and operation of Supplemental Needs Trusts and appointment of Article 17-A guardianships. He is a member of the Monroe County and New York State bar associations, serving on the Executive Council of the Trusts & Estates Section of the Monroe County Bar Association. He is active in the Tax, Estate Planning and Elder Law sections of each professional association. Mr. Gray is also an active member of the Estate Planning Council of Rochester and the National Academy of Elder Law Attorneys. He has lectured on a variety of tax and estate planning topics throughout western New York. Mr. Gray has authored two books: ESTATE PLANNING AND ADMINISTRATION: A Simple Guide for New Yorkers (re-released in January, 2015) and SPECIAL NEEDS PLANNING: A Guide for Families in New York with a Loved One with a Disability (released in October, 2014). He earned his B.A. degree from Hamilton College, Clinton, New York; and his J.D. degree from Albany Law School of Union University, Albany, New York.

KRISTIN S. JONSSON is an attorney with the Law Office of Timothy Pellittiere, PLLC to create Pellittiere & Jonsson, PLLC to assist families and elders with their estate, Medicaid and long term care planning needs. Ms. Jonsson is a member of the National Academy of Elder Law Attorneys, as well as the New York State and Monroe County Bar Associations. She served as the chair the Elder Law Section of the Monroe County Bar Association in 2013 and 2014. Ms. Jonsson sits on the Board of Directors for 13Thirty and has served as a mentor through Lawyers for Learning, and an adjunct professor for Bryant & Stratton College. Her articles on new Medicaid planning techniques have also been published in the New York State Bar Association Elder Law Journal. She earned her B.A. degree from Binghamton University and attended law school at American University, Washington College of Law.

EDWARD C. KENYON is a partner at the law firm of Kenyon & Kenyon, where he practices in the areas of elder law; trust and estate planning and administration; residential and commercial real estate transactions; and finance, business and corporate law, and landlord/tenant law. He is a member of the Board of Directors for Canandaigua Foundation, Inc. (Eighty Parrish Street Senior Apartments; Wilcox Lane Senior Apartments). Mr. Kenyon also is a member of the New York State Bar Association (Elder Law, Real Estate, and Estate & Trust sections), the Ontario County Bar Association and the National Academy of Elder Law Attorneys. He earned his B.A. degree from the University of Rochester and his J.D. degree from Wake Forest University School of Law.

Source: http://www.nbi-sems.com/Details.aspx/R-71716ER%7C

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