Description:
Learn the procedures and laws applicable to the probate process to better assist your clients.
Setting expectations at the initial meeting with a probate client, while challenging because of the client's emotional state, is critical to a successful probate.
Frequently, the client fails to absorb much, if any, of the information being conveyed and the attorney or paralegal finds themselves repeating the same information or answering the same questions multiple times throughout the process, which is inefficient, frustrating and costly.
Too often the executor and beneficiaries do not understand the amount of time involved, or why 'a simple estate' takes so long and complain about fees incurred, time spent and the inefficient process. This topic will provide tips and tricks to professionals on the front lines to combat these issues, help provide ways to ensure that the clients are aware of the process as a whole and give guidelines to set realistic goals, deadlines and expectations.
In addition, the goal of this material is to give professionals additional tools to understand, manage and navigate the probate process from start to finish, by providing information and checklists to help manage creditors' claims, important deadlines and track probate and non-probate assets. Finally, probate professionals will walk away with a clear picture of the probate process and a better understanding of how to avoid common problems associated with probate administration.
Areas Covered in the Session:
Developing a Probate Process
- Initial Client Contact- Preparing for the First Meeting
- Plan for Administration
- Identify and Address Issues and Areas of Concern
Filing Pleadings to Open Probate
- Preliminary Considerations
- Formal Probate
- Appointment of Executor
- Notice and Service Requirements
- Deadlines
Administering the Estate
- Establishing a Timeline of Events and Tickler System
- Probate Assets
- Non-Probate Assets
- Duties and Responsibilities of Executor
- The Surviving Spouse
- Statutory Allowances
- Special Proceedings
- Beneficiary Distributions
Creditor Claims
- Determining Appropriate Creditors
- Notice Requirements
- Validity
- Payment
Completing Administration
- Closing Checklist
- Unresolved Issues
- Payment of All Valid Claims, Debts, Expenses and Taxes
- Payment of Fiduciary Fees
- Payment of Attorney and Professional Fees
- Final Accounting
- Distribution of Assets
- Discharge of Fiduciary
Credit Information (Sponsored by Lorman Education Services):
- NALA
- NFPA
- Paralegals
Only registered attendee will receive continuing education credit.
Instructor Profile:
Tereina Stidd, Cole Schotz P.C.
- Attorney with Cole Schotz P.C.
- Concentrates practice in the area of Estate Planning, Probate and Trust Administration, Probate Litigation and Tax
- Co-author of the chapter “Homestead” in Basic Estate Planning in Florida, 6th, 7th and 8th ed. published by the Florida Bar
- Contributor to Estate, Gift, Trust and Fiduciary Tax Returns Planning and Preparation published by Thomson Reuters
- Recognized many years as a Super Lawyers Florida Rising Star
- Spoken on various estate planning, retirement assets, homestead and probate matters
- J.D. degree, the Claude W. Petit College of Law at Ohio Northern University; LL.M. degree, in taxation, the University of Miami School of Law; B.A. degree in political science, cum laude, St. Bonaventure University
- Licensed to practice law in both Florida and North Carolina
(Not available outside the US)