8:30 - 9:00 a.m.
Registration / Continental Breakfast
9:00 - 10:00 a.m.
Taking the First Step: Filing an Estate in Probate Court Small Estate
What is it and How to File / Regular Estate / The Estate Timetable – What you Need to Know Proving the Will / Challenging the Will
Michael D. Sanger
10:00 - 10:45 a.m.
Understanding the Role of the Personal Representative in Probate
Duties of the Personal Representative / Misconduct and /or Removal / Compensation Guidelines / Special Administration Issues
Thomas J. Kroll & F. Brian McElligott
10:45 - 11:00 a.m. Break
11:00 - 11:45 a.m.
Managing the Inventory
Statutory Requirements and How They Affect Your Case / Notice to Creditors, Beneficiaries and State Agencies - What is required / Collecting, Maintaining and Managing Assets / Inventory Problems
Thomas J. Kroll & F Brian McElligott
11:45 - 12:30 p.m.
Administering the Estate Effectively
How to Respond to Creditors’ Claims / Insolvency / Managing the Estate Cash Responsibly / Disclaimers / Partial Distributions
F. Brian McElligott
12:30 - 1:00 p.m. LUNCH (will be provided)
1:00 - 1:50 p.m.
Maintaining an Ethical Balance in Probate Practice
Performing Competent Legal Services / Identifying the Client / Avoiding Conflicts of Interest / Distinguishing between Privileged and Non-Privileged Communication / Establishing Reasonable Attorneys’ Fee
Thomas J. Kroll & F Brian McElligott
1:50 - 2:45 p.m.
Determining if Spouse’s Elective Share is a Reasonable Option
Homestead Allowance / How to Determine the Effective Share Estate / What are Spousal Rights and Personality? / Rights to Election / Step-by-Step Procedure / How to Satisfy the Elective Share
Thomas J. Kroll
2:45 - 3:00 p.m. Break
3:00 - 3:15 p.m.
Uncovering the Laws of Intestacy and How They May Apply
F. Brian McElligott
3:15 - 4:00 p.m.
Litigating the Case in Probate Court
Explanation of Rules of Probate Procedure / Declaratory Judgment / How to Conduct Discovery / What to do on Appeal
Thomas J. Kroll & F. Brian McElligott
4:00 - 4:40 p.m.
Putting the Case to Rest: Closing the Estate
Final Accounting / Distribution of Estate to Beneficiaries / Discharge of Fiduciary / Tax Returns – What Need to be Filed and When
Thomas J. Kroll & F. Brian McElligott