PROBATE ADMINISTRATION. Preliminary Considerations. Rights to the body and to control burial. Funeral expenses. Domicile. The Will. Estate assets and related problems. Personal Representative.
Practice and Procedure. Notice. Time. Appeals. Virtual representation. Inventory. Accountings. Administrator Ad Litem.
Personal Representatives and Attorneys. Duties. Powers. Changing personal representatives. Liabilities and rights. Attorney responsibilities.
Initial Steps in Probate and Administration. Testate and intestate estates. Petition for Administration, Proof of Will. Caveats. Lost Wills. Florida and non-Florida residents.Tax considerations.
Inventory and Appraisal. Marshalling the assets. Appraisers and reports. Particular assets. Preparation, filing and service of inventory.
Elective Share. Computation. Satisfaction. Consequences of election. Procedural matters. Priorities. Bars to elective share.
Creditors Claims. Ascertaining claims. Objections to claims. Priorities. Payment. Procedures. Statute of limitations. Family Allowance.
Management of Decedent’s Property. Maintaining, preserving and disposing of estate assets. Investment of estate funds. Carrying on of decedent’s business.
Sales and Transfers of Estate Assets. Personal property. Real estate. Court authorization. Transfer of assets. Tax consequences.
Determination of Beneficiaries and their Interests. Intestate estates. Testate estates. Simultaneous death. Court orders. Estate taxes. Disclaimers.
Accountings. Requirements. Waivers. Preparation of accountings. Service. Principal and income allocations.
Partial Distributions. Income tax consequences. Distribution of specific assets. Procedure. Tax releases. Elective share distributions.
Final Distribution and Discharge. Procedures for closing estate. Determination of distributive share and tax considerations. Distribution and transfer of particular assets. Receipts. Later discovered assets. Contracts affecting distributions.
Compensation and Expenses of Administration. Power of Personal Representative to incur expenses. Compensation of Personal Representative. Attorneys fees. Administrative expenses. Postmortem planning. Liability of Personal Representative for costs and expenses. Tax consequences.
Ancillary Administration. Nonresident decedent. Procedures for issuance of ancillary letters. Powers and duties of ancillary personal representatives.
Small Estates and Summary Administration. Qualification and procedures. Disposition without administration. Motor vehicle transfer.
Homestead and Exempt Personal Property. Homestead requirements. Homestead as an asset subject to probate. Descent and devise of homestead. Exemption from claims. Homestead and trusts. Liens against homestead. Procedures to determine homestead.
Probate Litigation. Will contest grounds. Undue influence. Testamentary capacity. Improper execution. Will construction. Creditor claims.
ADMINISTRATION OF TRUSTS. Powers, duties and liabilities of trustees. Fiduciary duties and obligations. Fiduciary standards. Trust investments. Principal and income act. Loyalty. Delegation. Administration. Breaches. Retained powers of settlor. Florida Trust Code. Discretionary powers.
Successor Trustees. Resignation of trustee. Removal of trustee. Appointment of successor trustee.
Trust Investments. Prudent Investor Act. Duties of trustee under Prudent Investment Act.
Trust Accountings. Duty to inform and account to beneficiaries. Statutory requirements. Preparation of trust accountings. Limitations of actions against trustee.
Creditors’ Rights to Assets in Trust. Creditors rights legislation. Spendthrift clauses. Discretionary trusts.
Interests of Trust Beneficiaries. Qualified beneficiaries. Lapse and antilapse. Powers of appointment. Vesting and descent of beneficial interests in trust.
Termination and Modification of Trusts. Termination. Modification. Judicial modification of irrevocable trusts: Not inconsistent with settlor’s purpose or in the best interests of the beneficiaries. Non-judicial modification of irrevocable trusts. Reformations.
Trust Litigation. Jurisdiction and venue in trust actions. Parties to trust actions. Evidentiary issues in trust actions.
Funding Trusts. Funding revocable (living) trusts. Real estate. Securities accounts. Closely-held corporation Limited liability Companies. Trusts as beneficiaries of IRAs, annuities and life insurance. Tax considerations on funding and upon death. Homestead titling and devise issues. Funding irrevocable living trusts. Funding testamentary and dynasty trusts.
Trust Taxation Considerations. Reporting requirements. Income taxation of irrevocable trusts. Taxation of income and deductions. Distributable net income. Trust distributions. Compliance issues. Grantor trust rule. Transfer tax and state tax considerations.
Trust Compensation Matters. Trustees Fees. Attorneys Fees. Fees regarding trust litigation proceedings.
Trust Title Issues. Descriptions of trust. Asset titling and beneficiary designation issues. Conveyance to the trustee and by the trust. Homestead conveyances. Homestead in revocable trusts. Multiple trustees. Real estate titling problems.
Charitable Trusts. Charitable remainder trusts. Charitable lead trusts. Charitable tax deductions. Private foundations.
Florida Trust Code. Trust creation, validity, modification and termination. Creditors’ claims, spendthrift and discretionary trusts. Revocable trusts. Office of trustee. Duties of trustee. Powers of trustee. Liability of trustee. Rights of persons dealing with trustee.