Agenda / Content Covered

1. HOW TO FILE AN ESTATE IN PROBATE COURT
   9:00 - 9:50, Joshua R. Driskell
   
   1. Forms of Administering an Estate; Distinctions Between the Modest and Larger Estate
   2. Probate Steps A-Z: An Overview
   3. Timetable; Calendaring Major Estate Administration Deadlines
   4. Forms to File - Review of Samples
   5. E-Filing Process
   6. Steps for Proving the Will
   7. Steps for Challenging the Will
   8. Understanding the Laws of Intestacy
   9. How to Avoid Probate
2. WORKING WITH EXECUTORS AND ADMINISTRATORS
   9:50 - 10:40, Lindsay K. Francis
   
   1. Duties of Executors or Administrators During the Probate Process
   2. Paralegal Contact with Executors or Administrators
   3. How Misconduct and/or Removal of Executors or Administrators is Handled
   4. Compensation
   5. Special Administration
3. HOW TO PREPARE AND FILE THE INVENTORY
   10:55 - 11:45, David Bawden
   
   1. Preparing the Inventory - What Every Paralegal Needs to Know
   2. Statutory Requirements
   3. Notice
   4. Working with the Attorney to Collect, Maintain and Manage Assets
   5. How to Successfully Solve Common Inventory Problems
4. CREDITOR CLAIMS AND ADMINISTRATION OF THE ESTATE
   12:45 - 1:35, Carol A. Peters
   
   1. Dealing with Creditors' Claims
   2. Disclaimers
   3. Assisting with the Estate Cash Management
   4. Insolvency
   5. Preparing Partial Distributions
5. ETHICAL PERILS IN THE PROBATE PROCESS
   1:35 - 2:35, Carol A. Peters
   
   1. Who is the Client?
   2. Conflicts of Interest
   3. Avoiding UPL in Probate
   4. Privileged vs. Non-Privileged Communications
   5. Protecting Your Firm from Malpractice Actions - Tools You Can Use to Meet Deadlines
   6. Ethical Issues in Estate Litigation
6. DEALING WITH SPOUSE'S ELECTIVE SHARES
   2:50 - 3:40, Verlan Y. Kwan
   
   1. Homestead Allowance
   2. Dower and Curtesy
   3. Spousal Rights and Personalty
   4. Rights of Election
   5. Procedures
7. FINAL ACCOUNTING AND CLOSING THE ESTATE
   3:40 - 4:30, David Bawden
   
   1. Final Accounting: Sample Walkthrough
   2. Common Mistakes on the Final Accounting
   3. Use of the Final Accounting in Tax Returns
   4. Preparing the Distribution of the Estate to Beneficiaries
   5. Discharge of the Fiduciary
   6. Extending, Closing, Re-Opening an Estate

Accreditation Details:

DAVID BAWDEN is a paralegal in the Los Angeles office of Withers Bergman LLP, where he focuses on all aspects of estate and trust administration. He has more than 11 years of experience in the legal field, which includes probate and trust accounting; estate and trust administration; oil, gas and mineral interests; real property; nonprofit; corporate; and drafting of wills, trusts and ancillary documents. Mr. Bawden is a member of the Beverly Hills Bar Association and Los Angeles County Bar Association. He received his bachelor’s degree in mathematics from the University of California, Riverside.

JOSHUA R. DRISKELL is a partner with Primuth Driskell & Terzian LLP, where he practices in the areas of business, tax and bankruptcy law and related matters. Prior to forming the firm, Mr. Driskell worked for multi-state law firm Mockensturm Limited advising business, nonprofit agencies, and individuals on tax and business matters. He is a member of the Pasadena Bar Association, the Los Angeles County Bar Association and the State Bar of California. Mr. Driskell earned his bachelor’s degree from Bowling Green State University, his Masters of Business Administration degree from the University of Findlay, and his Juris Doctorate degree from the University of Toledo College of Law.

LINDSAY K. FRANCIS is an attorney with Primuth Driskell & Terzian LLP, where she practices in the areas of estate planning and probate. She is a member of the State Bar of California. Ms. Francis received her B.A. degree from Virginia Tech and her J.D. degree from Brooklyn Law School.

VERLAN Y. KWAN is of counsel with Keystone Law Group, P.C., where she focuses on trust and estates administration and litigation. Ms. Kwan graduated from California Western School of Law and earned her B.A. degree in political science with a concentration in American law and a minor in cognitive psychology from the University of California, Irvine. She is a member of the Trusts & Estates Section of the Los Angeles County Bar Association and is also a member of the Trusts & Estates and Litigation sections of the State Bar of California.

CAROL A. PETERS is an attorney at Carol A. Peters Law Offices, in Pasadena, whose practice is focused on elder law, including estate-planning and bioethics decisions for wills, trusts and nominations for those who can plan ahead; conservatorship petitions and administration for those unable to plan ahead; probate; and litigation. Ms. Peters has more than 30 years of experience as an attorney, plus 11 years of experience making and implementing eligibility determinations for Los Angeles County’s D.P.S.S. and the Los Angeles County Board of Supervisors. She serves as a consultant to other lawyers regarding Medi-Cal eligibility and case plan options/management. She also serves as an expert witness on Medi-Cal eligibility issues when needed by civil litigation counsel for financial abuse matters. Suggesting conservatorship to her client who agreed, Ms. Peters was the November 2001 attorney referred to in People v. Cooper (2007) 148 CA 4th 731 appeal by the DA, which created an elder abuse exception to the SCOTUS' Crawford v. Washington (2004) 541 U.S. 36, national ban of videotapes in criminal prosecutions. She is a member of the Pasadena Bar Association, the Los Angeles County Bar Association and the State Bar of California. She earned her B.A. degree from Pomona College and her J.D. degree from Whittier College School of Law.