UPCOMING EVENT: The Probate Process From Start to Finish (Hosted by Don C. St. Peter and Jason Harby)

probateTHE PROBATE PROCESS FROM START TO FINISH

March 27, 2019 — DoubleTree by Hilton Hotel Missoula 

100 Madison Street, Missoula, MT 59802

Program Description

Your Fundamental Guide to Probate

So your client wants you to handle a probate case – do you know where to start? Do you know the proper procedures to use, as well as the law? At this seminar, our experienced faculty will give you detailed, step-by-step information to confidently and ably navigate the system. Gain the confidence you need to reach a favorable outcome for your client when litigating in probate court. Enroll today!

  • Get a step-by-step walkthrough of a probate case complete with practice tips from seasoned practitioners.
  • Implement a complete estate timetable in order to know what needs to be done – and when.
  • Effectively guide the executor and the administrator through their various duties.
  • Avoid problems arising from creditors’ claims and insolvency with our powerful strategies.
  • Know the secrets to confidently handling a spouse’s elective share.
  • Get results for your client! Explore successful strategies for litigating in probate court.
  • Follow thorough closing procedures so accounting is complete before distribution takes place.

Who Should Attend

This basic level seminar will provide those who have limited probate experience with tips on successfully handling a probate case. This comprehensive seminar will benefit:

  • Attorneys
  • Paralegals
  • Accountants
  • Tax preparers
  • Trust officers
  • Financial planners
  • Estate planners

Course Content

  1. Taking the First Step: Filing an Estate in Probate Court
  2. Understanding the Role of the Personal Representative in Probate
  3. Managing the Inventory
  4. Administering the Estate Effectively
  5. Maintaining an Ethical Balance in Probate Practice
  6. Determining if Spouse’s Elective Share is a Reasonable Option
  7. Litigating the Case in Probate Court
  8. Putting the Case to Rest: Closing the Estate

Agenda / Content Covered

  1. TAKING THE FIRST STEP: FILING AN ESTATE IN PROBATE COURT
    8:30 – 9:30 Written by John M. Van Atta and Richard M. Baskett. Presented by John M. Van Atta in Billings, Drew Moore Gaertner in Bozeman and Richard M. Baskett in Missoula.

    1. Small Estate – What it is and How to File
    2. Regular Estate
    3. The Estate Timetable – What You Need to Do
    4. Proving the Will
    5. Challenging the Will
  2. UNDERSTANDING THE ROLE OF THE PERSONAL REPRESENTATIVE IN PROBATE
    9:30 – 10:30 Written by John M. Van Atta. Presented by John M. Van Atta in Billings, Drew Moore Gaertner in Bozeman and Donald C. St. Peter in Missoula.

    1. Duties of the Personal Representative
    2. Misconduct and/or Removal
    3. Compensation Guidelines
    4. Special Administration Issues
  3. MANAGING THE INVENTORY
    10:45 – 11:45 Written by Richard M. Baskett. Presented by Drew Moore Gaertner in Billings and Bozeman and Richard M. Baskett in Missoula.

    1. Statutory Requirements and How They Affect Your Case
    2. Notice to Creditors, Beneficiaries and State Agencies – What is Required
    3. Collecting, Maintaining and Managing Assets
    4. Inventory Problems
  4. ADMINISTERING THE ESTATE EFFECTIVELY
    11:45 – 12:15 Written by Richard M. Baskett. Presented by Walter Clapp in Billings, Drew Moore Gaertner in Bozeman and Richard M. Baskett in Missoula.

    1. How to Respond to Creditors’ Claims
    2. Insolvency
    3. Managing the Estate Cash Responsibly
    4. Disclaimers
    5. Partial Distributions
  5. MAINTAINING AN ETHICAL BALANCE IN PROBATE PRACTICE
    1:15 – 2:15 Written by Lynne Conkling. Presented by Walter Clapp in Billings, Lynne Conkling in Bozeman and Donald C. St. Peter in Missoula.

    1. Performing Competent Legal Services
    2. Identifying the Client
    3. Avoiding Conflicts of Interest
    4. Distinguishing Between Privileged and Non-Privileged Communication
    5. Establishing Reasonable Attorneys’ Fees
  6. DETERMINING IF SPOUSE’S ELECTIVE SHARE IS A REASONABLE OPTION
    2:15 – 3:15 Written by Lynne Conkling. Presented by Patrick Beddow in Billings, Lynne Conkling in Bozeman and Jason Harby in Missoula.

    1. Homestead Allowance
    2. How to Determine the Elective Share Estate
    3. What are Spousal Rights and Personalty?
    4. Rights of Election
    5. Step-by-Step Procedure
    6. How to Satisfy the Elective Share
  7. LITIGATING THE CASE IN PROBATE COURT
    3:30 – 4:10 Written by Lynne Conkling. Presented by Walter Clapp in Billings, Lynne Conkling in Bozeman and Donald C. St. Peter in Missoula.

    1. Explanation of Rules of Probate Procedure
    2. Declaratory Judgment
    3. How to Conduct Discovery
    4. What to Do on Appeal
  8. PUTTING THE CASE TO REST: CLOSING THE ESTATE
    4:10 – 4:40 Written by Drew Moore Gaertner. Presented by Drew Moore Gaertner in Billings, Lynne Conkling in Bozeman and Jason Harby in Missoula.

    1. Final Accounting
    2. Distribution of Estate to Beneficiaries
    3. Discharge of Fiduciary
    4. Tax Returns – What Needs to be Filed and When

Accreditation Details:

CREDIT INFORMATION

Continuing Legal Education
MT CLE – 6.50Includes – Ethics – 1.00

Approved for 6.50 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics.


CPE for Accountants

CPE for Accountants/NASBA – 8.00

Includes – Regulatory Ethics – 1.00 Taxes – 2.50 Specialized Knowledge – 4.50

NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 8.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a Basic level program presented in a group live setting. No advanced preparation or prerequisites are required. Upon completion of this course, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done – and when. 2. Explain what the executors’ duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. List at least three disclaimers that can be used in estate administration. 5. Distinguish between ethical and unethical practices. 6. Describe three ways to manage a spouse’s elective share. 7. Describe the rules of probate court procedure. 8. State from recall the documents needed for the final tax return. Field(s) of Study — Regulatory Ethics; Specialized Knowledge; Taxes.


Other
Financial Planners – 8.00
This program has been accepted by the Certified Financial Planner Board of Standards Inc. and qualifies for 8.0 hours of CE credit for CFP® Certificants. The Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and CFP® (with plaque design) and CFP® (with flame design) in the US, which it awards to individuals who successfully complete initial and ongoing certification requirements.

Upon completion of this course, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done – and when. 2. Explain what the executors’ duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. List at least three disclaimers that can be used in estate administration. 5. Distinguish between ethical and unethical practices. 6. Describe three ways to manage a spouse’s elective share. 7. Describe the rules of probate court procedure. 8. State from recall the documents needed for the final tax return.



IACET – 0.70
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.70 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Prepare a complete estate timetable in order to know what needs to be done – and when. 2. Explain what the executors’ duties and responsibilities are. 3. Determine when notice to creditors must be sent out and list its required elements. 4. List at least three disclaimers that can be used in estate administration. 5. Distinguish between ethical and unethical practices. 6. Describe three ways to manage a spouse’s elective share. 7. Describe the rules of probate court procedure. 8. State from recall the documents needed for the final tax return.


MT CLE Credit for Paralegals – 6.50Includes – Ethics – 1.00

Approved for 6.50 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics.


NALA – 6.60Includes – Ethics – 1.00

This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.60 hours, including 1.0 ethics, of continuing legal assistant education credit required to maintain the CLA (Certified Legal Assistant) credential.


NFPA 
NBI, Inc. is a NFPA approved CLE provider.


PACE – 8.00Includes – Chartered Advisor for Senior Living – 8.00 Chartered Financial Consultant – 8.00 Chartered Life Underwriter – 8.00. This seminar qualifies for 8.0 PACE (Professional Achievement in Continuing Education) credit hours for CLU, CASL and/or ChFC.


SPEAKERS: 

RICHARD M. BASKETT is the owner of Baskett Law Office in Missoula, Montana. He is an attorney and certified public accountant with more than 38 years of experience. Mr. Baskett maintains a private practice emphasizing estate planning, probate, business, tax, and real estate. He speaks regularly on tax and estate planning topics and is a frequent lecturer for National Business Institute. Mr. Baskett has also been an adjunct lecturer of partnership taxation at the University of Montana School of Law. He obtained his initial tax experience in the tax department of PriceWaterhouse in New York City and Baltimore, Maryland. A former general counsel for Washington corporations, Mr. Baskett worked for tax law firms in Baltimore and Washington, D.C., before returning to Missoula and his present practice. He is a fellow of the American College of Trust and Estate Counsel and is listed in Super Lawyers Mountain States edition as a top rated lawyer in estate planning and probate. Mr. Baskett earned his undergraduate degree from the University of Montana and his juris doctorate degree from the University of Montana School of Law. (Missoula location)

PATRICK BEDDOW is a partner with Patten, Peterman, Bekkedahl & Green, PLLC, in Billings, Montana. His practice concentrates in the areas of probate, estate and closely held business planning, trust administration, and real estate, including mineral ownership, title curative, and mineral and agricultural leasing. Mr. Beddow received his undergraduate degree, with distinction, from Carroll College. While at Carroll, he was a distinguished military graduate, served in the Reserve Officers’ Training Corps and was the Corps of Cadets representative to the Associated Students of Carroll College. He subsequently graduated from the University of Montana School of Law. From 2005-2014, Mr. Beddow served in the Montana Army National Guard. He is a member of the State Bar of Montana, State Bar Association of North Dakota, and Wyoming State Bar Association, the American Bar Association, and the Montana Association of Professional Landmen. He previously served as a trustee of the New Lawyers’ Section for the State Bar of Montana. Mr. Beddow has served as a guest lecturer in undergraduate business law courses, an update author to legal treatises, and regularly presents at continuing education seminars. (Billings location)

WALTER CLAPP is an attorney at Axilon Law Group, PLLC, where he practices in complex litigation matters. Mr. Clapp has developed an expertise in the areas of constitutional, water, land, easement, trust, tax, and probate law. He is admitted in Montana. Mr. Clapp received his B.A degree, cum laudefrom Rhodes College; and his J.D degree, cum laudefrom Georgetown University School of Law. (Billings location)

LYNNE CONKLING is a senior partner at Conkling Law Firm, and has been recognized for her dedication, leadership and excellence in both engineering and law. A practitioner in both transactional law and litigation, Ms. Conkling focuses in the areas of trust, probate, wills, business law, trademarks, and mediation. After receiving her B.S. degree in electronic engineering, Ms. Conkling designed electronic warfare systems for the United States government and held a top-secret clearance. She then moved to the private sector, developing software applications and providing technical support and training for the first commercial microwave engineering simulation software. Ms. Conkling then applied her passion for problem solving to the law after receiving her J.D. degree. Her practice includes advocating for and advising clients in both Montana and California. She is admitted to practice in California state courts (district and probate), bankruptcy courts, and the Ninth Circuit Court of Appeals. Ms. Conkling is a professional mediator and served as president of the Community Mediation Center in Bozeman, Montana, and continues to volunteer to resolve low income family disputes. She served as president of Toastmasters, treasurer of the rotary and is a member of the State Bar of California and the American Bar Association. (Bozeman location)

JASON HARBY is an attorney with St. Peter Law Offices P.C., in Missoula. Mr. Harby’s practice emphasizes general estate planning, as well as federal estate tax, gift tax, and generation skipping transfer tax planning, estate and trust administration, entity formation and taxation, business planning, low income housing tax credit projects, corporate and commercial transactions, employee benefits, general tax planning, and tax controversies and procedure. Mr. Harby earned his undergraduate degree from the University of Montana; his J.D. degree from Montana School of Law; and his Masters of Law in taxation (LL.M.) degree, with honors, from the University of Washington School of Law. (Missoula location)

DREW MOORE GAERTNER is an attorney at McLean Younkin & Willett PLLC, where her practice emphasizes estate planning, probate & trusts, business planning & transactions, taxation, real estate, and commercial law. She graduated, with honors, from the University of California with an undergraduate degree in communication. Ms. Moore Gaertner earned her J.D. degree from the University of Montana School of Law where she worked as a law clerk for the Honorable Ralph B. Kirscher at the United States Bankruptcy Court during her clinical externship; and interned at Milodragovich, Dale & Steinbrenner, P.C. She earned her LL.M. degree from the University of Washington School of Law, where she graduated with honors, served as a tax law scholar and was appointed a Hazelton fellow for scholarly work in tax law. Ms. Moore Gaertner is admitted to practice before the Montana Supreme Court and the United States District Court of the State of Montana. (Billings and Bozeman locations)

DONALD C. ST. PETER is an attorney with St. Peter Law Offices P.C. His practice emphasizes retirement plans, employee benefits, estate planning, low income housing tax credit projects, and corporate and commercial transactions. Mr. St. Peter has served as an adjunct professor of corporate law at the University of Montana School of Law. He has served as a past president of the Western Montana Estate Planning Council; a member of the advisory council for the University of Montana Law School Tax Institute; and a member and chairman of the Trust, Estate, Tax, and Business Section of the State Bar of Montana. Mr. St. Peter is admitted to practice before the Montana Supreme Court, U.S. District Court for the District of Montana, and the U.S. Tax Court. He earned his B.A. degree from Carroll College; his J.D. degree, with honors, from the University of Montana Law School; and his LL.M. degree in taxation from Boston University Law. (Missoula location)

JOHN M. VAN ATTA is a partner with the law firm of Patten, Peterman, Bekkedahl & Green, P.L.L.C., in Billings, Montana. He practices in the areas of closely-held business and real estate, estate planning, trusts, taxation, and probate. Mr. Van Atta also teaches business law at Montana State University-Billings as an adjunct professor. He earned his B.A. degree from the University of Montana, Missoula and his J.D. degree from the University of California Hastings College of the Law in San Francisco. After law school and before practicing law, Mr. Van Atta worked as a registered securities agent and investment advisor, holding FINRA Series 7 and Series 66 licenses. He is a member of the State Bar of Montana and the American Bar Association. He is also a member of the Business, Estates, Trusts, Tax and Real Property Section (BETTR Section) of the State Bar of Montana; and a member of the Real Property, Probate, Trust and Estate, Taxation, and Business Law Sections of the American Bar Association. Currently, Mr. Van Atta is chair of the Estates, Trusts, and Probate Section Committee of the BETTR Section, which is working on recommended legislative changes to the Montana Uniform Probate Code. (Billings location)

Marie

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