The Probate Process From Start to Finish for Paralegals

Agenda / Content Covered

All times are shown in Eastern time

1. HOW TO FILE AN ESTATE IN PROBATE COURT
   9:00 - 9:40, James L. Nabors III
   
   1. Distinctions Between the Modest and Larger Estate
   2. The Estate Timetable and What Needs to Be Done
   3. Steps for Proving the Will
   4. Steps for Challenging the Will
2. WORKING WITH EXECUTORS AND ADMINISTRATORS
   9:40 - 10:20, James L. Nabors III
   
   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
   6. Duties of the Attorney for the Executor - Who is the Client?
3. HOW TO PREPARE AND FILE THE INVENTORY
   10:35 - 11:20, Paul R. Shugar
   
   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. ADMINISTRATION OF THE ESTATE
   11:20 - 12:00, Paul R. Shugar
   
   1. Dealing With Creditors' Claims
   2. Disclaimers
   3. Assisting With the Estate Cash Management
   4. Insolvency
   5. Preparing Partial Distributions
5. DEALING WITH SPOUSE'S ELECTIVE SHARES
   1:00 - 1:40, Bryan C. Palmer
   
   1. Homestead Allowance
   2. Dower and Curtesy
   3. Spousal Rights and Personalty
   4. Rights of Election
   5. Procedures
6. UNDERSTANDING THE LAWS OF INTESTACY
   1:40 - 2:30, Timothy J. Gallagher
   
7. CLOSING THE ESTATE
   2:45 - 3:30, Bryan C. Palmer
   
   1. Tips for Assisting With Final Accounting
   2. Preparing the Distribution of the Estate to Beneficiaries
   3. Discharge of the Fiduciary
8. ETHICAL PERILS IN THE PROBATE PROCESS
   3:30 - 4:30, John R. Harrison
   
   1. Distinguishing Between Privileged and Non-Privileged Communications
   2. When the Client Asks for Legal Advice - Knowing How to Say "No"
   3. Protecting Your Firm From Malpractice Actions - Tools You Can Use to Meet Deadlines

TIMOTHY J. GALLAGHER is an attorney with Reminger Co., LPA, where he focuses his practice on legal matters involving probate, guardianship, trust, and estate administration. Mr. Gallagher represents trustees and executors of estates, creating flexible plans to meet their needs. His experience in the area of probate and trust administration includes the drafting of estate plans for both individuals and families, and assisting them through the probate process. He also advises institutions on a variety of trust administration issues. Mr. Gallagher is also a member of the firm’s probate litigation practice group. In this capacity, he leverages his jury trial experience to provide representation in probate and trust disputes involving will contests, charges of undue influence, breach of fiduciary duty actions, and other potential issues that can complicate the settling of an estate. He is a member of the Ohio State Bar Association. Mr. Gallagher received his B.S. degree from the Ohio University E.W. Scripps School of Journalism and his J.D. degree from The University of Akron School of Law.

JOHN R. HARRISON is an attorney with the law firm of Ulmer & Berne LLP. He focuses his practice in the areas of elder law and special needs law, as well as estate planning, Medicaid, guardianship, litigation, probate matters, and the maintenance of public benefits. He also works with public agencies throughout Ohio that provide services to individuals with developmental disabilities, mental illness, or who have substance abuse issues. Mr. Harrison has spent his career advocating for older adults and individuals with special needs by working for Disability Rights Ohio, The Legal Aid Society of Columbus, public agencies and county boards, and in private practice. Mr. Harrison is a member of the Ohio State Bar Association’s Estate Planning, Trust and Probate Law Section and the Elder and Special Needs Law Committee. He received his B.A. degree from the University of Michigan and his J.D. degree, with honors, from The Ohio State University Moritz College of Law.

JAMES L. NABORS III is an attorney with the law firm of Weston Hurd LLP, where he practices in the areas of estate planning, and probate and estate administration. He received his B.S.B.A. degrees, cum laude, from Bowling Green State University; and his J.D. degree, cum laude, from the University of Toledo College of Law. Mr. Nabors is a member of the Ohio State Bar Association and the Cleveland Metropolitan Bar Association. He is admitted to practice in state of Ohio and the United States District Court, Northern District of Ohio.

BRYAN C. PALMER is an attorney at the law firm of Solomon, Steiner & Peck, Ltd., in Mayfield Heights, Ohio. Mr. Palmer concentrates his practice in the area of estate planning, probate, real estate, and litigation. He received his J.D. degree from Cleveland-Marshall College of Law and received his B.A. degrees, cum laude, from The Ohio State University. Mr. Palmer is a member of the Estate Planning Council of Cleveland, the Ohio State Bar Association, the Probate and Estate Planning Section of the Cleveland Metropolitan Bar Association, and the Lake County Bar Association.

PAUL R. SHUGAR is an attorney with Reminger Co., LPA. Mr. Shugar is a member of Reminger’s Probate Litigation Department and has trial experience litigating million dollar estate, trust, and guardianship issues, such as undue influence, power of attorney abuse, and financial exploitation. An award-winning journalist who worked at daily newspapers around the country before becoming a lawyer, he employs the writing and investigation skills he developed as a reporter to help people in a legal setting. Mr. Shugar is a member of the Ohio State Bar Association and an officer for the Cleveland Metropolitan Bar Association's Estate Planning, Probate & Trust Law Section. He earned his B.A. degree from Ohio University E.W. Scripps School of Journalism. Mr. Shugar earned his J.D. degree, cum laude, from Cleveland-Marshall College of Law.