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Anticipate and Resolve Conflicts and Challenges in Probate

Are you prepared for every contingency that 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.
  • Identify and locate rightful heirs and beneficiaries in the toughest of cases.
  • Understand the financial hurdles and tax consequences of the decedents' actions on probate.
  • Find out what to do with estates within estates.
  • Where do lapsed or void gifts go? Hear how experienced practitioners have handled these and other asset transfer hurdles.
  • Explore common grounds for probate litigation to prevent such disputes from the start.
  • Hear the worst of the probate horror stories and prepare for anything this practice might spring on you.

  1. Addressing Conservatorship and Guardianship Concerns
    8:30 - 9:20, Steven Michael McClelland
    1. 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)
  2. Personal Representative Challenges
    9:20 - 10:10, Steven Michael McClelland
    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
  3. Special Issues and Problems
    10:25 - 11:15, Paul D. White
    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 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
  4. Possible Liability Problems
    11:15 - 11:50, John O. Payne
    1. Statutes of Limitations
    2. Creditors' Claims; Negotiating With Creditors
    3. Selling Property to Pay Claims
    4. Incarcerated Heirs or Beneficiaries
    5. Uncooperative Beneficiaries
  5. Rightful Heirs or Beneficiary Troubles
    12:50 - 1:40, Harvey Harris
    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
  6. Financial and Tax Hurdles
    1:40 - 2:40, Christopher D. Brockett
    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.
    11. Tax Claims and Liens
    12. The Insolvent Estate
    13. Portability on Estate Tax Exemptions
  7. Probate Litigation
    2:55 - 3:50, Marva J. Davis
    1. Procedural Rules in Probate
    2. Probate Discovery
    3. Special Evidentiary Provisions
      1. Dead Man's Statute
      2. Attorney-Client Privilege
    4. Using Mediation in Probate - New Rules
    5. Lost Wills
    6. Deed Contests
    7. Will/Trust Contests
      1. Possible Grounds
      2. What Makes for a Good Will Contest Case?
      3. Burdens of Proof
      4. Jury Trials
    8. The Appeals Process
  8. Closing Estates: Overcoming Difficulties and Delays
    3:50 - 4:40, Marva J. Davis
    1. Formal Closing
    2. Informal Closing by Statement of Personal Representative
    3. Liability of Distributees
    4. Reopening Estates - When, How and Why?

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