Probate for the Civil Lawyer 2017

Product ID: CM2647
Presented By: State Bar of Wisconsin PINNACLE

Ready, set, probate

Practice in the civil arena long enough and you’ll most likely encounter cases requiring probate actions. Showing up to probate court unprepared is a good way to upset the Register in Probate and the court. But what if you don’t have any probate experience?

Face your next probate proceeding more confidently with practical advice and insights from Probate for the Civil Lawyer. It’s your primer on the basics of probate in civil actions such as foreclosure, personal injury, wrongful death, and creditor-debtor proceedings.

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OnDemand Seminar
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Member $49.00

Non-Member $99.00

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Ready, set, probate

Practice in the civil arena long enough and you’ll most likely encounter cases requiring probate actions. Showing up to probate court unprepared is a good way to upset the Register in Probate and the court. But what if you don’t have any probate experience?

Face your next probate proceeding more confidently with practical advice and insights from Probate for the Civil Lawyer. It’s your primer on the basics of probate in civil actions such as foreclosure, personal injury, wrongful death, and creditor-debtor proceedings.

Read More ↓

Program Chairs:

Sally Mohr Lunde
Law Offices of David J. Carlson, S.C.
Waukesha

Amy E. Wochos
Milwaukee County Clerk of Courts
Milwaukee

Faculty:

Sara L. Eberhardy
Eberhardy & Eberhardy LLP
Cudahy
Amanda Pirt Meyer
Becker Law Office S.C.
Madison

Paul R. Nowakowski
Jefferson County Register in Probate/Juvenile Clerk/ Court Commissioner
Jefferson

8:00 a.m. : Registration

8:30 a.m. : Why this Seminar

Amy E. Wochos

8:45 a.m. : Litigation Concerns

Amanda Pirt Meyer

9:30 a.m. : Ethical//Fiduciary Duties

  • Who is your client?
  • Fiduciary duties of personal representative/special administrator
  • Liability of personal representative/special administrator

Amy E. Wochos

9:45 a.m. : Creditor Probate Concerns in Foreclosure Actions

  • When a party passes away before or during an action do I need to have a probate procedure
  • Why is a probate necessary
  • If so, which procedure would be necessary

Paul R. Nowakowski

10:30 a.m. : Break

10:45 a.m. : Special Administration

Amanda Pirt Meyer

11:00 a.m. : Transfer by Affidavit, Summary Settlement, Summary Assignment, Informal Probate, and Formal Probate

  • Informal & Formal Probate Administrationon
    o How to transition from a Special Administration to either Informal or Formal Probate Administration
    o Apportionment of settlements funds
    o The differences between these proceedings/When each can be used
    o Who can be a Petitioner
    o How to transition from a Special Administration to either Informal or Formal Probate Administration
    o Notice/Publication requirements
    o Duration of these proceedings
    o Requirements to conclude these proceedings
  • Transfer By Affidavit
    o Type of estate that qualify to use this proceeding
    o Persons who are eligible to sign the affidavit
    o Procedure for using the affidavit
    o Update on recent legislation regarding the affidavit
  • Summary Settlement/Summary Assignment:
    o Summary Settlement vs. Summary Assignment
    o Summary procedure vs. full probate

Sara L. Eberhardy (Informal & Formal Probate), Paul R. Nowakowski (Summary Settlement and Summary Assignment), Sally Mohr Lunde (Transfer by Affidavit)

12:00 p.m. : Probate Court Expectations of the Attorney in a Probate Procedure

  • Filing of documents
  • Administering the probate case
  • How to file a claim
  • Timely closing of probate cases

Paul R. Nowakowski

12:30 p.m. : Panel Discussion

All Faculty
Moderator: Amy E. Wochos

1:00 p.m. : Program Concludes

  • Gain insight into Wisconsin probate proceedings from experienced practitioners and Registers in Probate
  • Discover when and how civil litigation intersects with probate proceedings
  • Understand the essential ethical and fiduciary responsibilities and duties in probate matters
  • Learn specific probate procedures and when a hearing is required
  • Receive a basic overview of temporary and permanent guardianships
  • Civil litigators
  • Personal injury attorneys
  • Worker's compensation lawyers
  • Insurance defense attorneys
  • Attorneys who handle foreclosures
  • Any lawyer unfamiliar with or seeking a refresher on probate
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