The Probate Process in Florida Training Class Presented by NBI, Inc.

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Everything You Need to Know About the Probate Process

Someone passed away recently, and you or your client is the executor of their estate. Where do you begin? Do you know all you need to properly marshal assets, handle creditors’ claims, save on taxes, and close the estate without a hitch? This information-packed, 2-day program will build your knowledge on all aspects of the probate process. Get a complete look at everything that must happen to wrap up a decedent’s affairs, and be prepared for the common issues that can arise – register today!

  • Walk through the overall probate process and know what must be done and when.
  • Understand the steps and documents required to petition for probate and open the estate.
  • Learn how property should be distributed when there is no will.
  • Know what the inventory of assets should include and how assets are valued.
  • Distinguish which assets will vs. will not need administration under probate court supervision.
  • Examine how creditors’ claims are handled and what happens if the decedent was a Medicaid recipient.
  • Review income tax considerations for the decedent and the estate.
  • Discover what you can do to minimize tax burdens post mortem.
  • Find out how certain issues should be addressed on the final accounting and schedules.

Agenda

DAY 1: PROCESS OVERVIEW, OPENING THE ESTATE, ASSETS, TAXES

  1. Probate Process, Timeline and Checklist
    8:30 – 9:40, Matthew Pineda

    1. Forms of Administration
    2. Probate Procedure
    3. Checklist and Filing Deadlines
    4. Ancillary Probate
    5. The First 48 Hours

  2. Probate vs. Non-Probate Assets
    9:40 – 10:45, Matthew Pineda

    1. Probate vs. Non-Probate Assets
    2. Differences in Distribution
    3. Is Probate Necessary?
    4. When Non-Probate Assets End Up in Probate

  3. Intestacy Laws and the Spousal Elective Share
    11:00 – 12:00, Jeffrey S. Goethe
  4. Inventory, Valuation and Management of Assets
    1:00 – 2:15, Jennifer L. Terrana

    1. Finding Asset Information
    2. EIN and Marshaling Assets
    3. Probate Inventory
    4. Safeguarding Assets
    5. Asset Valuation Issues and Answers
    6. Sample Scenarios and Forms

  5. Tax Deadlines, Forms and Returns
    2:30 – 3:30, J. Allison Archbold

    1. Tax Requirements, Deadlines and Filing Procedure
    2. The Final 1040
    3. Form 1041 – Income Tax Return for Estates and Trusts
    4. Estate, Gift and GST Tax Issues – Form 706
    5. Capital Gains Taxes

  6. Post-Mortem Tax Planning
    3:30 – 4:40, J. Allison Archbold

    1. Tax Year Election
    2. Post-Mortem Tax Elections
    3. Qualified Disclaimers and Valuation Discounts
    4. Tax Basis and Other Planning Opportunities

DAY 2: CREDITORS, DISTRIBUTIONS, ACCOUNTING/CLOSING, COMMON ISSUES

  1. Creditor Claims and Medicaid Estate Recovery
    8:30 – 9:45, Lorien Smith Johnson

    1. Homestead, Exemptions, Allowances and Priority of Claims
    2. Claim Assessment and Rejection
    3. Allowance and Payment
    4. Medicaid Estate Recovery
    5. Insufficient Assets
    6. Lawsuits Against the Estate and the Decedent
    7. Sample Scenarios and Forms

  2. The Petition and Appointment of the Personal Representative
    9:45 – 10:45, Lorien Smith Johnson

    1. Documents Necessary to Open the Estate
    2. The Hearing
    3. Duties and Powers of the Personal Representative
    4. Notice of Probate and Notice to Creditors
    5. Sample Scenarios and Forms

  3. Final Accounting and Estate Closing Checklist
    11:00 – 12:30, Jeffrey S. Goethe

    1. Final Accounting: What’s Included

      1. Receipts
      2. Disbursements
      3. Assets Remaining to be Distributed

    2. Sample Accounting
    3. Asset Sales and Transfers
    4. Closing the Estate – Options, Forms and Procedures
    5. Attorney Fees and Executor’s Commission

  4. Common Issues That Can Arise
    1:30 – 2:30, Harley S. Herman

    1. Problem Executors
    2. Unknown or Missing Heirs
    3. Asset Issues (Can’t be Located; In Other States or Countries; Loaned/Stolen)
    4. Estates with Business Interests
    5. Odd Will Provisions

  5. Ethics
    2:45 – 3:45, Harley S. Herman

    1. Who is Your Client? Avoiding Conflicts of Interest
    2. Client Confidentiality
    3. Attorney Fees
    4. Malpractice Liability Risks

  6. Will Contests, Fiduciary Litigation, Accounting Disputes and More
    3:45 – 4:40, Harley S. Herman

This two-day, basic level seminar is designed for professionals who want to build their knowledge of the probate process, including:

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