The Decedent’s Probate Estate: Start to Finish
Presented by the ISBA Trusts and Estates Section
Chicago
September 19, 2008
Chicago Chapter Appraisal Institute
205 W. Wacker Drive
Suite 200 A (map and directions)
This program is filled to capacity. No walk-in registrations or wait-list available.
Champaign
Friday, October 3, 2008
Hawthorn Suites
101 Trade Centre Drive (map and directions)
Register Now!
Moline
Friday, October 17, 2008
Stoney Creek Inn
101 18th Street (map and directions)
Register Now!
Earn 6.5 MCLE hours, including 1.0* hour of Professional Responsibility MCLE credit
This program will cover the basics an attorney should know about handling a probate estate of a decedent. Program topics will include opening of the estate, claims against the estate, ancillary proceedings, estate and income taxes, and closing the estate. Plus, there will be a discussion on ethical considerations, which will address possible conflicts of interests. This program will appeal to lawyers who are newer to probate law practice as well as those who need a refresher course on the basics.
Program Coordinator/Moderator:
Mary D. Cascino, Pasquesi & Associates, P.C., Lake Bluff
8:30 – 8:35 a.m. Introduction and Opening Remarks
Mary D. Cascino
8:35 – 9:35 a.m. Opening the Estate
This topic will address the basic elements of opening a probate estate. This includes the determination of whether probate is necessary or appropriate, determining heirship, communications with the executor, procedures for contacting heirs and legatees, basic forms, anticipating will contests, charitable beneficiaries and contacting the Attorney General, if needed.
Maureen B. Grzeskiewicz, Arnstein & Lehr LLP, Chicago (Chicago program)
Dale F. Wolff, Taylor Law Offices, Effingham (Champaign program)
Philip E. Koenig, Konecky, Koenig, Kutsunis & Weng, Rock Island (Moline program)
9:35 – 10:35 a.m. Claims Against the Estate
This session will focus on the determination of known and potential creditors, publication notices, notices to known creditors, ranking of claims, what to do in an insolvent estate and resolving claims.
Richard Campbell, Mayer Brown LLP, Chicago (Chicago program)
Robert Weber, Highland Park, (Champaign program)
Donald Metzger, Metzger Law Offices, Edwardsville (Moline program)
10:35 – 10:50 a.m. Break
10:50 – 12:20 p.m. Estate and Income Taxes
There are plenty of questions when it comes to this topic. Does the gross estate require the filing of a federal estate tax return? Is the estate subject to state estate tax in Illinois or another state? What is the effect of decoupling? How do you determine the income tax year for the estate? Who will prepare the returns? Is a final 1040 required? Are combined trusts and estate income tax return an option? When do you file the returns? How do you get prompt audit responses? These questions will be addressed during this presentation.
Deborah B. Cole, Hoogendoorn & Talbot LLP, Chicago (Chicago program)
Gary True, Hepler, Broom, MacDonald, Hebrank, True & Noce LLC, Edwardsville (Champaign program)
Michael L. English, Russell, English, Scoma & Beneke, PC, Princeton (Moline program)
12:20 p.m. – 1:20 p.m. Lunch on your own
1:20 – 1:50 p.m. Ancillary Proceedings
The discussion will address how to handle a decedent's real property outside of Illinois, opening ancillary proceedings and determining whether a state estate tax return is required in either state.
Lauren Evans DeJong, Schuyler Roche, P.C., Chicago (Chicago program)
Janet Grove, Heffner, Eberspacher, Tapella, Armstrong & Grove, Mattoon (Champaign program)
Franklin Hartzell, Hartzell, Glidden, Tucker & Hartzell, Carthage (Moline program)
1:50 – 2:50 p.m. Closing the Estate
Topics for this portion of the program will address notices to interested parties, making sure creditor’s claims are resolved, plan of distribution, the forms required, notices to beneficiaries of trusts, and knowing the local rules.
Donna Moore, Quarles & Brady LLP, Chicago (Chicago program)
Dennis A. Norden, ATG Trust Company, Chicago (Champaign program)
Reynolds Everett, Jr., Barash & Everett LLC, Galva (Moline program)
2:50 – 3:05 p.m. Break
3:05 – 3:35 p.m. Do’s and Don’ts in Cook County Probate Court – A View from the Bench (CHICAGO PROGRAM ONLY)
Judge Susan M. Coleman, Cook County Probate Division
Or
Recent Developments, Hot Topics, and Odds & Ends (CHAMPAIGN & MOLINE PROGRAMS ONLY)
This portion of the seminar will provide a short update on issues that relate primarily to the estate having farming assets and family members, an estate with essentially a home as the sole asset, and anticipating future problems before the estate is closed. New ideas on avoiding probate for functional families with modest wealth will be shared.
Paul Meints, Bloomington (Champaign and Moline programs)
3:35 – 4:35 p.m. Ethical Considerations*
Throughout the process of handling a probate estate of a decedent there will be ethical considerations that will need to be made. This includes knowing who the attorney represents, engagement letters, final letters, conflicts of interest, keeping the executor and the beneficiaries informed, receipts, releases and refunding agreements.
Thomas A. Pasquesi, Pasquesi & Associates, Lake Bluff (Chicago program)
Mary Lee Faupel, Faupel Law Offices, Ltd., Eureka (Champaign program)
Lawrence E. Varsek, (Moline program)
(*PMCLE credit subject to review) |
