Avoiding Probate Fails: Opening the estate, legal services involved, requirements in settling, and interstate administration issues

Tatia D. Barnes
Phillip D. Azachi
Monica Goel
Tatia D. Barnes | The Law Office of Tatia D. Barnes
Phillip D. Azachi | DeCandido & Azachi, PLLC
Monica Goel | Tredway Lumsdaine & Doyle LLP
On-Demand: September 19, 2024
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3 hour CLE
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Program Summary

Session I – When Avoiding Probate Fails: A guide of handling a decedent's estate – Tatia Barnes

"Avoiding Probate" is a catchy marketing term that is often misleading. Legal missteps and oversights regularly result in an inevitable application for a court order to resolve issues involving a deceased person's assets or obligations. Be prepared to assist your clients in navigating this common phenomenon with a basic understanding of handling a decedent's estate from beginning to end.

This one-hour CLE session will provide insights of opening a decedent's estate in the appropriate court, legal services involved in administering a decedent's estate and the requirements of settling a decedent's estate. In addition to covering the relevant legal definitions, this session will also discuss litigation matters and moral responsibilities that may arise during the opening, administration and settlement of a decedent's estate.

Key topics to be discussed:

  • Opening the Estate
  • Administering the Estate
  • Settling the Estate
  • Moral Responsibilities

Session II – Navigating Intestate Administration: From petition to distribution – Phil Azachi

In this session we will be talking about intestate administration, situations where there is no will. We will cover a review of the process of intestacy from filing a petition to interacting with creditors to final distribution. We will also cover potential challenges and disputes.

Key topics to be discussed:

  • Intestate Administration
  • Potential Challenges and Disputes
  • Best Practices for Counsel

Session III – Ethical Challenges in Estate Administration – Monica Goel

This session provides a comprehensive exploration of ethical issues in probate and conservatorship practice. This session provides a thorough breakdown of ethical concerns, offering a guide to the basic ethics rules necessary for maintaining compliance. It delves into strategies for protecting fiduciaries from liability, and addresses various ethical problem scenarios with practical solutions, enriched with numerous examples and potential outcomes. This session is an essential resource for legal professionals seeking to navigate the complexities of probate and conservatorship with integrity and competence.

Key topics to be discussed:

  • Ethical Issues in Estate Administration & Probate/Conservatorship Practices
  • Basic Ethics Rules for Staying in Compliance
  • Protecting the Fiduciary from Liability
  • Ethical Problem Scenarios and Solutions

Closed-captioning available

Speakers

Tatia D. Barnes_FedBarTatia D. Barnes | The Law Office of Tatia D. Barnes

Tatia D. Barnes, Esq. is a 2004 graduate of the Fordham University School of Law and is admitted to practice law before the courts of New York, the United State Supreme Court and the United State District Court – Southern & Eastern Districts. As a solo practitioner, Attorney Barnes dedicates her entire law practice to Probate, Estate Administration and Estate Litigation. She can be reached via her website at www.tdbarneslaw.com

 

Phillip D. Azachi_FedBarPhillip D. Azachi | DeCandido & Azachi, PLLC

Phil started his practice upon admission to the bar. With few positions available to recently admitted attorneys, Phil went door-to door to every office building along Queens Blvd looking to develop relationships with other lawyers. He managed portfolios of cases for other attorneys, handling all aspects oflitigation and contract negotiations before handling his own clients directly. He has appeared in courtrooms across New York City and Long Island, developing a deep knowledge of local practices.

Phil’s practice focuses on trust and estates and business representations. He advises clients on probate and administration, kinship proceedings, accountings, and will contests as well as estate planning. He also advises small businesses on topics ranging from commercial leases, vendor contracts, employment agreements to fundraising, asset purchases, and commercial litigation. He frequently conducts presentations about estate planning, wills, and trusts. He can be reached using his website https://www.nylawadvisors.com/contact/

 

Monica Goel_FedBarMonica Goel | Tredway Lumsdaine & Doyle LLP

Monica Goel, with over twenty-three years of legal experience, is a Certified Legal Specialist in Estate Planning, Trust, and Probate Law by the California Board of Legal Specialization. Her practice focuses on estate planning, trust administration, probate administration, conservatorships, elder law, trust, and probate litigation. Her specialty in any legal setting is in handling sticky or complex situations. She primarily works out of the firm’s Irvine and Long Beach offices.

She has been rated “superb” by AVVO, named as one of the top estate planning attorneys in 2019 through 2024, by Super Lawyers in Trusts and Estates, and is rated AV-Preeminent by Martindale Hubbell. Monica is a published author in the Daily Journal and OC Lawyer Magazine. She is a frequent lecturer on trust administration, probate administration, court accountings, liability for fiduciaries, and legal ethics in estate administration.

Monica was a member of the PVP panel for the LA Superior Court and routinely advises families on how to handle incapacity issues and appointment of conservatorship. She was previously an adjunct professor at Cerritos College in the Certified Paralegal Program and at UCI in the paralegal program in Estate Planning.

Monica received her B.A. in History from UCLA in 1997, and her J.D. from the University of Southern California in 2000. She was the Trope and Trope Fellow in 1998 and was admitted to the Bar in December 2000.

Agenda

Session I – When Avoiding Probate Fails: A guide of handling a decedent’s estate | 1:50pm – 2:50pm

  • Opening the Estate
  • Administering the Estate
  • Settling the Estate
  • Moral Responsibilities

Break | 2:50pm – 3:00pm

Session II – Navigating Intestate Administration: From petition to distribution | 3:00pm – 4:00pm

  • Intestate Administration
  • Potential Challenges and Disputes
    • Contested Administrations
    • Ejectment Proceedings
    • Foreclosures
  • Best Practices for Counsel

Break | 4:00pm – 4:10pm

Session III – Ethical Challenges in Estate Administration | 4:10pm – 5:10pm

  • Ethical Issues in Estate Administration & Probate/Conservatorship Practices
  • Basic Ethics Rules for Staying in Compliance
  • Protecting the Fiduciary from Liability
  • Ethical Problem Scenarios and Solutions

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