An Introduction to the Probate Process & How to Avoid It

Originally held on Monday, April 4, 2016| 6:00 pm – 9:00 pm

 

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PROGRAM CO-CHAIR
Regina Kiperman
RK Law, P.C.

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PROGRAM CO-CHAIR
Bridget La Rosa
Fox Rothschild LLP

  • This program is an introduction to the probate process in NYS and will include a review of the probate process, requirements, forms and pre-mortem preparation as well as to typical issues that arise in administering estates. There will also be a brief discussion of probate contests and 1404 depositions. Finally, there will be a review of why and how to avoid the probate process using revocable trusts and other legal entities.

    DVDs & CDs: $199 Member | $299 Nonmember
    On-Demand: $179 Member | $279 Nonmember
    Materials Only (No CLE Credit): $99 Member | $129 Nonmember

    * New York residents will be charged the New York sales tax for all audio visual purchases.

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  • Herb Nass
    Herbert E. Nass & Associates

    Hon. Anthony A. Scarpino
    Delbello Donnellan Weingarten Wise & Wiederkehr LLP

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  • 6:00 pm – 7:00 pm Probate Proceedings

    • Due execution of wills and codicils
    • Proof of attesting witness in affidavit or testimonial form
    • Proceeding to compel production of original will & lost will proceeding
    • Persons who may propound will
    • Persons to whom letters testamentary may be granted
    • Qualification or renunciation of nominated executor
    • Probate petition
    • Process or jurisdiction
    • Notice of probate
    • Return date, decree and letters,including dealing with guardian ad litem
      • Dealing with guardian ad litem
      • Dealing with possible SCPA 1404 examination of witnesses and attorney draftsman
    7:00 pm – 7:45 pm Contested Probate Proceedings

    • Standing to object to a will
    • SCPA 1404 examinations
    • Objections
    • Discovery
    • Motion practice/trial
    7:45 pm – 8:00 pm Break
    8:00 pm – 9:00 pm Related Planning & Administration Issues

    • Should we always try to avoid probate in New York?
    • Avoidance of probate through the use of revocable trusts &/or jointly held assets: Necessary steps and      common pitfalls
    • Small estate proceedings & SCPA Article 13: A potential means to avoid probate even when there are      probate assets
    • Spouse’s right of election: Overrides the terms of the will
    • Exempt property under EPTL 5-3.1: Overrides the terms of the will

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  • This program provides 3.0 credits in professional practice for the New York & New Jersey MCLE requirements. California & Pennsylvania credit differs as it is based on a 60-minute credit hour. The live program provided transitional credit to newly admitted attorneys; the recording does not provide transitional credit.

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    * New York residents will be charged the New York sales tax for all audio visual purchases.

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  • Sponsoring Association Committee:
    Trusts, Estates & Surrogates Court | John M. Olivieri, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org

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