Trusts and Estates Law Section
Committee on Continuing Legal Education
7.0 TOTAL CREDITS: 3.0 professional practice; 3.0 skills; 1.0 ethics
This course has been approved for MCLE credit in New York for all attorneys, including newly admitted (less than 24 months).
This recurring, popular, basic-level program will explore the various proceedings involved in probate and estate administration. Experienced practitioners in the field will take you step-by-step through the actual administration of an estate, from determining the nature and extent of a decedent’s assets and liabilities to discussion of tax issues that may affect the beneficiaries of the estate.
Ethical considerations for attorneys handling estates will also be covered, as well as accounting requirements for wrapping up a decedent’s estate.
Where appropriate, the faculty will highlight the particular procedure and process in Surrogate’s Court with which you should be familiar in order to handle probate and administration matters effectively in that forum.
Whether you are just beginning a trusts and estates practice and want to gain a solid overview of the probate and administration process, or you are experienced and want to confirm your skills and knowledge are up-to-date, this program will be useful to you.
I. PREPARING FOR ESTATE ADMINISTRATION
A. Immediate Actions upon Notification of Death
B. Funeral and Burial Issues
C. Assistance with Immediate Cash Needs
D. Safeguarding Assets before Qualification of Fiduciary
E. Locating and Reviewing the Will
F. Preparing Checklist for Estate
G. Initial Meeting with Prospective Fiduciary
H. Determine Need for Appointment of Fiduciary
I. OCA Forms – Hot Docs program
II. ADMINISTRATION PROCEEDINGS
A. Identify Distributees
B. Eligibility of Distributees
C. System of Priority
D. Petition for Letters of Administration
F. Notice of Application for Letters
G. Temporary Letters
III. PROBATE PROCEEDINGS
A. Due Execution of Wills and Codicils
B. Attesting Witness Affidavits
C. Proceeding to Compel Production of Original Will
D. Persons Who May Propound Will
E. Persons to Whom Letters Testamentary May Be Granted
F. Qualification or Renunciation of Nominated Executor
G. Probate Petition
H. Inter-Vivos Trusts
I. Process or jurisdiction
J. Notice of Probate
K. Proof of Attesting Witness
L. Return Date, Decree and Letters
IV. SPECIAL AND ALTERNATIVE FORMS OF LETTERS AND PROCEEDINGS
A. Preliminary Letters Testamentary
B. Temporary Letters
C. Limited and Restricted Letters, When Applicable
D. Small Estates–Voluntary Administration
E. SCPA 1310 Affidavits
F. Lost Will Proceedings
G. Ancillary Probate Proceedings
H. Original Probate of Foreign Will (e.g., Florida)
PANEL DISCUSSION AND AUDIENCE QUESTIONS
LUNCH (on your own)
V. ADMINISTERING THE ESTATE—PART ONE
A. Determine the Nature and Extent of Decedent’s Assets and Liabilities
B. Study the Will and all Non-Testamentary Instruments
C. Inter-Vivos Trusts
D. Collect and Value Assets
E. Plan the Administration
F. Dealing with Creditors
G. Insolvent Estates
H. Spouse’s Right of Election
I. Disqualification as Surviving Spouse
J. Exempt Property
K. Renunciations and Disclaimers
L. Payment and Satisfaction of Testamentary Dispositions
M. Applications for Partial Payment of Commissions
N. Applications for Advice and Direction
O. Inventory of Assets
P. Foreign Property
VI. ADMINISTERING THE ESTATE—PART TWO
A. Preliminary Considerations
B. U.S. Estate Tax Return (Form 706)
C. New York Estate Tax – Update
D. Income Taxation
E. Brief discussion on Post Mortem Tax Planning Options
F. Closely Held Businesses and Other Special Assets
VII. ETHICAL CONSIDERATIONS AND ATTORNEY’S FEES
A. Brief Overview: New Ethics Rules
B. Representation of Multiple Clients and Conflicts of Interests
C. Attorney’s Fees and Rules of Engagement
D. Attorney-Client Privilege and Attorney Work Product
E. Applications for Attorney Fees
F. Who’s the Client: The Beneficiaries? The Executor/Administrators?
G. Legal Malpractice Issues
VIII. ACCOUNTING AND SETTLEMENT OF ESTATE
A. Duty to Maintain Records
B. Time to Account
C. Informal Settlement by Agreement
D. Formal Voluntary Judicial Settlement
E. Petition for Judicial Settlement and Prayers for Relief
G. Proceedings on Return Date
H. Compulsory Accountings
I. Preparation of Account
J. Special Problems and Adjustments in Accountings
K. Payments to Infants and Incompetents
Program Chair and Moderator
Joseph T. La Ferlita, Esq.
Farrell Fritz, P.C.
Speakers (in alphabetical order)
Sally M. Donahue, Esq.
Jaspan Schlesinger, LLP
Robert M. Harper, Esq.
Farrell Fritz, P.C.
Moira A. Jabir, Esq.
Moritt Hock & Hamroff LLP
Joseph T. La Ferlita, Esq.
Farrell Fritz, P.C.
Doris L. Martin, Esq.
Garfunkel Wild, P.C.
Sarah B. Rebosa, Esq.
Rivkin Radler LLP
Ilene D. Samuel, Esq.
L’Abbate, Balkan, Colavita & Contini, L.L.P.
Lori A. Sullivan, Esq.
Principal Law Clerk
Nassau County Surrogate’s Court
Overall Statewide Planning Co-Chairs
Frank W. Streng, Esq.
McCarthy Fingar LLP
Sylvia E. Di Pietro, Esq.
Law Office of Sylvia E. Di Pietro, Esq., LLC
New York City
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ELECTRONIC COURSE MATERIALS (ECM)
COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!
All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.
Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.
Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.