Probate and Administration of Estates 2024

9:00 a.m. – 9:05 a.m.

Welcome and Introduction

9:05 a.m. – 9:30 a.m.

1. 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, Esq., Forchelli Deegan Terrana LLP, Uniondale, New York 

0.5 Credit in Areas of Professional Practice 

9:30 a.m. – 9:55 a.m.

2. Administration Proceedings

• Priority for Appointment

• Distributee Issues

• Who inherits?

• Small estates

Edward D. Baker, Esq., Farrell Fritz, P.C., Uniondale, New York

0.5 Credit in Areas of Professional Practice 

9:55 a.m. – 10:45 a.m.

3. 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

Lois Bladykas, Esq., Ruskin Moscou Faltischek PC, Uniondale, New York 

1.0 Credit in Areas of Professional Practice 

10:45 a.m. – 11:35 a.m.

4. 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

Brittiny Razzano, Esq., Razzano Law, PLLC, Albany, NY 

1.0 Credit in Areas of Professional Practice 

11:35 a.m. – 11:50 a.m.

Break

11:50 a.m. – 12:40 p.m.

5. 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, New York

1.0 Credit in Ethics 

12:40 p.m. – 1:30 p.m.

6. 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 Credit in Areas of Professional Practice 

1:30 p.m. – 1:45 p.m.

Question and Answer Session