Probate And Administration Of Estates 2021
This 2-day program is designed for the beginner to experienced attorney seeking a fundamental and practical overview of handling probate and administration proceedings and estate administration. Experienced practitioners will teach the nuts and bolts and practical skills on important topics, including preparing the estate for administration, the fundamentals of administration and probate proceedings, special and alternative forms of letters and proceedings, federal and New York estate and income tax issues, estate accountings and settlement options, ethical considerations, and handling attorney’s fees.
- November 30, 2021
- December 1, 2021
- 9:00 AM
- 12:00 PM
- 2.0
- 1.0
- 3.0
- 6.0
- Virtual Participation
Agenda
Day 1 – Tuesday, November 30
3.0 MCLE Credits (2.0 Areas of Professional Practice; 1.0 Skills)
9:00 – 10:05
Welcome and Introduction
9:05 – 9:30
Preparing for Estate Administration
• Safeguarding Assets
• What to do first with new estate
• Who is the client?
• Preliminary Letters Testamentary
• Limited or Restricted Letters
Cheryl L. Katz-Erato, Esq.
Cona Elder Law, PLLC
Melville, NY
0.5 Credit in Areas of Professional Practice
9:30 – 9:55
Administration Proceedings
• Priority for Appointment
• Distributee Issues
• Who inherits?
• Small estates
Edward D. Baker, Esq.
Farrell Fritz, P.C.
Uniondale, NY
0.5 Credit in Areas of Professional Practice
9:55 – 10:45
Probate Proceedings
• Probate Petition
• Necessary Parties- Distributees or Beneficiaries
• Waivers v. Citation
• Notice of Probate
• Attesting Witness Affidavits
• Return Date, Decree and Letters
• Lost Will- Probating a Copy?
• Ancillary Probate
Lori J. Perlman, Esq.
Falcon Rappaport & Berkman, PLLC
Rockville Centre, NY
1.0 Credit in Areas of Professional Practice
10:45 – 10:55
Break
10:55 – 11:45
Administration of the Estate
• Determining the Nature and Extent of Estate Assets and Liabilities
• Analyzing the Estate Plan
• Valuing the Estate
• Marshall, Preserve, Administer and Distribute Estate Assets
• Dealing with Creditors and Claims Against the Estate
• Right of Election
Shaina Kamen, Esq.
Holland & Knight LLP
Miami, FL
1.0 Credit in Skills
11:45 – 12:00
Question and Answer Session
Agenda
Day 2 – Wednesday, December 1
3.0 MCLE Credits (2.0 Skills; 1.0 Ethics)
9:00 – 9:10
Welcome and Introduction
9:10 – 10:00
Federal and New York Estate and Income Tax Issues for the Estate
• Decedent Income Tax Issues
• Post Death Income Tax Planning for Estate
• Fiscal years and other issues
• Current Federal and NY estate tax estate status
• Estate Tax Issues Affecting All Estates
Michael E. O’Connor, Esq.
Costello, Cooney & Fearon, PLLC
Syracuse, NY
1.0 Credit in Skills
10:00 – 10:50
Ethical Considerations and Attorney’s Fees
• Privilege and Confidentiality
• Conflicts of Interest
• Representation of Multiple Clients
• Attorney Fees
• Legal Malpractice Issues
• Getting Out
Deborah S. Kearns, Esq.
Albany County Surrogate's Court
Albany, NY
1.0 Credit in Ethics
10:50 – 10:55
Break
10:55 – 11:45
Accounting and Settlement of the Estate
• Record Keeping
• Judicial or Informal Settlement (Receipts and Releases)
• Accounting
• Commissions: What is commissionable? How to compute? When to pay?
Ian W. MacLean, Esq.
The MacLean Law Firm, P.C.
White Plains, NY
1.0 Credits in Skills
11:45 – 12:00
Question & Answer Session
- Cheryl L. Katz-Erato, Esq., Speaker;Program Chair, Cona Elder Law, PLLC
- Edward D. Baker, Esq., Speaker, Farrell Fritz, P.C.
- Lori J. Perlman, Esq., Speaker, Falcon, Rappaport & Berkman, PLLC
- Shaina Kamen, Esq., Speaker, Holland & Knight, LLP
- Michael E. O'Connor, Esq., Speaker, Costello, Cooney & Fearon, PLLC
- Deborah S. Kearns, Esq., Speaker;Program Chair, Albany County Surrogate’s Court
- Ian W. MacLean, Esq., Speaker, The MacLean Law Firm, P.C.
- Webinar
- 0LL91
- Trusts & Estates Law Section
- Committee on Continuing Legal Education
