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 - 9:45, Jessica M. Scherb
   
   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 THE PERSONAL REPRESENTATIVE AND ADMINISTRATORS
   9:45 - 10:30, Jessica M. Scherb
   
   1. Duties of the Personal Representative or Administrators During the Probate Process
   2. Paralegal Contact With the Personal Representative or Administrators
   3. How Misconduct and/or Removal of the Personal Representative or Administrators is Handled
   4. Compensation
   5. Special Administration
   6. Duties of the Attorney for the Personal Representative - Who is the Client?
3. HOW TO PREPARE AND FILE THE INVENTORY
   10:45 - 11:30, Miles C. Hunt
   
   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
   11:30 - 12:15, Miles C. Hunt
   
   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
   1:15 - 2:00, Parke A. Burmeister
   
   1. Homestead Allowance
   2. Dower and Curtesy
   3. Spousal Rights and Personalty
   4. Rights of Election
   5. Procedures
6. UNDERSTANDING THE LAWS OF INTESTACY
   2:00 - 2:30, Tudor Goldsmith
   
7. CLOSING THE ESTATE
   2:45 -3:30, Tudor Goldsmith
   
   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, Daniel J. Eccher
   
   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

PARKE A. BURMEISTER is an attorney with Casco Bay Law, where he focuses on trusts and estates, probate, and small business matters. He provides comprehensive estate planning for a wide range of clients, including parents, empty nesters, and those who are planning their legacy. Mr. Burmeister’s focus includes charitable giving, estate tax, long-term care planning, special needs trusts, guardianship/conservatorship, probate, and trust administration. He is admitted to practice in Maine and Massachusetts, and currently serves as secretary of the Maine State Bar Association's Mediation Section. Mr. Burmeister earned his B.A. degree from Colby College and his J.D. degree, magna cum laude, from the University of Maine School of Law.

DANIEL J. ECCHER is the managing shareholder at Levey Wagley Putman & Eccher in Winthrop, Maine. He focuses his practice on estate planning and probate law, special needs trusts, and long-term care planning. Mr. Eccher previously served as an assistant attorney general in the Health and Human Services Division, where he appeared in probate and district courts. He is a member of the American Bar Association and the Maine State Bar Association. Mr. Eccher earned his undergraduate degree at Vassar College and his J.D. degree at the University of Maine School of Law.

TUDOR GOLDSMITH is a member of the trusts and estates and probate litigation practice groups at Jensen Baird Gardner & Henry, in Portland, Maine. She practices in the area of trusts and estates, probate litigation, and related tax matters. Prior to joining Jensen Baird, Ms. Goldsmith clerked for the Maine Supreme Judicial Court. She is admitted to practice in Maine and Massachusetts. Ms. Goldsmith earned her B.A. degree from Hamilton College and her J.D. degree, summa cum laude, from the University of Maine School of Law. She is on the Board of the Maine Estate Planning Council.

MILES C. HUNT is a partner at Epstein & O'Donovan, LLP, where he focuses his practice in estate planning, probate, and trust administration. Mr. Hunt is a member of the American Bar Association, Maine State Bar Association, Oxford County Bar Association, and the Maine Estate Planning Council. He has been very active in local non-profit organizations over the years. Mr. Hunt serves as the chairman on the Board of Directors for Androscoggin Home Care & Hospice. He is also co-chair of the Maine Probate Rules Committee. He earned his undergraduate degree from Dickinson College and his J.D. degree from the University of Maine School of Law.

JESSICA M. SCHERB is a member of Drummond Woodsum's trust and estate planning group, focusing her practice on the estate planning and estate and trust administration needs of clients, which include both individuals and business entities. She has been recognized by New England Super Lawyers as a Rising Star for her work in these areas. In her trust and estate practice, she prepares wills, trust instruments, intra-family agreements, pre- and post-nuptial agreements, financial powers of attorney, healthcare directives, guardianship and conservatorship documents, and all types of related documents. In addition to providing these comprehensive estate planning services, Ms. Scherb also represents both birth parents and adoptive parents in local and interstate adoptions. In her general business practice, she provides succession planning advice to business owners. Ms. Scherb earned her B.A. degree from the University of Pennsylvania and her J.D. degree, magna cum laude, from the University of Maine School of Law.