Monday, April 4, 2016| 6:00 pm – 9:00 pm
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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.
Live Program/Webcast/DVDs & CDs: $199 Member | $299 Nonmember
Small Law Firm $99 Member | $199 Nonmember
On-Demand: $179 Member | $279 Nonmember
Materials Only (No CLE Credit): $99 Member | $129 Nonmember -
Herb Nass
Herbert E. Nass & AssociatesHon. Anthony A. Scarpino
Delbello Donnellan Weingarten Wise & Wiederkehr LLP -
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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NY: 3.0 professional practice
NJ: 3.3 general
CA: 3.0 general
PA: 2.5 general -
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Sponsoring Association Committee:
Trusts, Estates & Surrogates Court | John M. Olivieri, ChairSponsorship Opportunities are Available! Please Contact:
Maricela Alfonso, Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org____________________________________________________________________________________________