Join Florida Board Certified Wills, Trusts & Estates attorney Monique Lavender Greenberg in a workshop geared to Florida lawyers and paralegals who want to learn the intricacies of probate administration in Florida. This workshop will be insightful, entertaining, and interactive!
This course will be offered via Zoom on May 17th & 24th, 2024 from 8:45 AM-3:45 PM.
This course is approved for 14 CLE Credits by the Florida Bar.
Registration is limited. The course fee of $1500 will be discounted to $1250 for all registrations received on or before 4/30/2024. Please note that the fee for this course is nonrefundable. If a registrant is not available to attend the live course after registering, a recording will be made available to the registrant to view or stream within 60 days of the course completion.
An outline of the topics discussed in this workshop is listed below for your reference.
Part One: Probate Concepts For Florida Lawyers
- Introduction to Probate Concepts
- What is probate?
- When is it needed?
- What property is subject to probate?
- Venue
- Jurisdiction
- Interested Parties
- The Attorney’s Role in Probate
- Types of Probate Actions
- Formal Administration
- Summary Administration
- Nonresident Decedent’s Testate Estate of less than $50,000 where there are no creditors–Fla. Stat. 734.1025
- Dispositions without Administration
- Who is in Charge? Personal Representatives, Curators and Petitioners
- Personal Representatives
- Testate Estates
- Intestate Estates
- Curators
- Petitioners in Summary Administration
- Personal Representatives
- Who will inherit?
- Testate Estates
- Ademption and Non-ademption
- Lapse
- Pretermitted Child or Spouse
- Devises to a Former Spouse
- Intestate Estates
- Intestate Succession in Florida
- “Per Stirpes” Explained
- Adopted Children
- Children born out of wedlock
- Special Property Rights
- Homestead
- Elective Share
- Community Property
- Marital Agreements and Marital Settlement Agreements
- Loss of Property Rights
- Slayer Statute
- Exploitation of the Elderly
- Marriage Procured by Undue Influence
- Is there a basis for a will contest? If so, what is the alternate result?
- Tricky Situations to Look for
- Simultaneous Death
- Anti-lapse
- Contracts to Make a Will
- Waivers of Spousal rights
- Homestead waiver by deed
- Gifts to the drafting lawyer
- Decedent’s Revocable Trust
- Testate Estates
- Evaluating a Will
- Will Execution Requirements
- Self-Proof of Wills & Oaths to a Will
- The Original Will is Missing
- Foreign Wills
- Holographic Wills
- Personal property Memorandum
- Incorporation by reference
- Potential Will Challenges
- Per stirpes or per capita
- Testamentary trusts
- Homestead
- Advancements
- Ademption
- Lapse & Anti-lapse
- in terrorem clauses
- Revocation
- Revocation in writing
- Revocation by act
- Revival by Revocation
- Revoking a will its effect on codicils
- Republication by codicil or execution
- Taxation Issues
- Basis
- Income Tax basics for trusts and Estates
- Estate Tax Basics
Part Two: The Probate Administration Process For Florida Lawyers
- Summary Administration
- When is summary administration appropriate?
- Who can petition
- Required Filings
- Determination of Homestead Status in a Summary Administration
- Creditors & Summary Administration
- Order of Summary Administration
- Formal Administration–Overview
- Personal Representative
- Interested parties
- Initial filings
- Creditor Period
- Collecting Assets
- Paying Claims & Expenses of Administration
- Distribution
- Discharge
- Opening a Probate–Initial Filings
- Petition for Administration
- Oath of Personal Representative
- Death Certificate
- Original Will or Affidavit of Heirs
- Proposed Letters of Administration & Initial Orders
- Notice of Administration, Consents or Formal Notice
- Petition for a Restricted Depository, Bond or Petition to Waive Bond
- Creditors
- Publication
- Notifying Ascertainable Creditors
- Defining Ascertainable
- Ex-spouses
- Community Property
- Marital Agreements
- ACHA/Dept of Revenue
- Proof of Service
- Creditor claims
- Deadlines for Creditors to File a Claim
- Objecting to Claims
- Striking Untimely Claims
- Negotiating Claims
- Personal Representative’s Proof of Claim
- Statement Regarding Creditors
- The Hierarchy of Creditors
- Expenses of Administration
- Attorneys Fees & Costs
- Personal Representative’s Fee
- Reimbursing Expenses paid by others on behalf of the Estate
- Special Proceedings
- Adversary Probate
- Determination of Homestead Status
- Determinations of Exempt Property
- Family Allowance
- Elective Share
- Homestead Elections by Surviving Spouse
- Marshaling Assets
- Filing the Inventory
- Real Property
- Homestead
- Non-Homestead
- Precious Metals
- Cash Assets & Savings
- Safe-deposit boxes
- Assets requiring the dreaded Medallion Signature
- Distributing Assets
- Paying Creditors and Administration Expenses
- Petition for Distribution
- Deadline to distribute assets
- Abatement
- Liquidation of Estate Assets
- Partition
- Accountings
- Discharge