ABCs of Decedents' and Estate Administration
On Demand

ABCs of Decedents' and Estate Administration


Credits: 1 Ethics, 5.5 General

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Categories:
Ethics |  Estate Planning |  Probate
Faculty :
Alan K. Brickley  |  Brian M. Thompson  |  Darlene D. Pasieczny  |  Erin K. MacDonald  |  Hon. Claudia M. Burton  |  Hon. Katherine E. Tennyson  |  Hon. Lauren S. Holland  |  Jeffrey M. Cheyne  |  Jonathan A. Levy  |  Mark M. Williams  |  Richard A. Pagnano  |  Steven B. Taylor  |   1 more....
Duration:
6 Hours 30 Minutes
Format:
Audio and Video
Original Program Date :
Apr 24, 2015
OSB Course ID:
90*1812
License:
Access for 60 day(s) after purchase.


Description

ABCs of Decedents’ Estate Administration

This program is designed to help you guide your client and your case through the estate administration process from non-probate alternatives to formal probate estate administration.  Our faculty of experienced practitioners and judges will take you through the options and provide assistance in determining the right choice for an array of situations.

From the basics to useful practice tips from experts, this program will help de-mystify the processes of estate administration and assist you in providing efficient and effective counsel.

 Friday, April 24, 2015
Ambridge Event Center
1333 NE Martin Luther King Jr. Blvd.
Portland, Oregon
5.5 General and 1 Ethics MCLE

 

 SCHEDULE==============     

8:15 a.m.         check-in and continental breakfast

 8:45–9:15        Alternatives to Probate

  • The “how to,” “when to,” and “why” or “why not” of avoiding probate
  • Various ways of avoiding probate and the appropriateness of using those alternatives
    – Erin K. MacDonald

9:15–9:45        Initiating Probate

  • Establishing the attorney-client relationship
  • Assets, venue, jurisdiction, and tax considerations
  • Will or no will
  • Bonding and asset restriction
  • Initial petition, notices, and limited judgment
    – Timothy Marble       

 9:45–10:15      Inventory, Collection, and Management of Assets

  • How to determine when possession and control is or is not necessary
  • When an appraisal is desirable
  • When to delegate
  • Investment responsibilities
    – Jonathan A. Levy

 10:15–10:30    break

 10:30–11:00    Title Problems

  • Small estates and trusts
  • PR deeds
  • Affidavits of heirships
    – Alan K. Brickley

 11:00–11:30    Creditors’ Claims

  • Forms and information you need to deal with creditors’ claims against the estate
  • What do your clients need to give you to alert you to claims?
  • What is the best way to formally and informally handle claims?
    Jeffrey M. Cheyne
    Rajkirn “Kiran” Uppal

 11:30–12:00    Closing and Distribution of Assets

  • How to complete the final account to the satisfaction of your client, the court, and all estate beneficiaries
  • How to properly request attorney and fiduciary fees
  • How to accomplish closing and distribution of the estate and discharge of the personal representative
  • Tips on accounting for and closing an insolvent estate
    – Richard A. Pagnano

 12:00–1:15      lunch (on your own)

 1:15–2:15        View from the Probate Bench

Written questions in advance of the CLE are encouraged. The judges will share their current concerns and tips and discuss the following issues, among others:

  • Attorney fees
  • Attorney’s duty to the court in any probate proceeding
  • Sealing information in a probate proceeding
  • Restriction of assets—what, when, who, and how
  • Partial distributions from an estate
  • ADR in probate cases
  • Impact of budget cuts on processing probate cases
    – Hon. Claudia M. Burton
    – Hon. Lauren S. Holland
    – Hon. Katherine E. Tennyson

 2:15–3:15        Administration of Estates with Revocable Trusts

  • Coordination with probate
  • Selected taxation issues
  • Accounting and closing
  • Gun trusts
    – Brian M. Thompson

 3:15–3:30        break

 3:30–4:30        Utilizing Paralegals Ethically

  •  Avoiding unlawful practice of law by staff
  • Maintaining confidentiality
  • Billing, compensation, and solicitation practices
    – Steven B. Taylor                              

 4:30 p.m.         adjourn

 

 FACULTY =================

Alan K. Brickley
Counsel, First American Title
Insurance Company of Oregon

Hon. Claudia M. Burton
Marion County Circuit Court

Jeffrey M. Cheyne
Samuels Yoelin Kantor

Hon. Lauren S. Holland
Lane County Circuit Court

Jonathan A. Levy
Cavanaugh Levy Bilyeu LLP

Erin K. MacDonald
Karnopp Petersen LLP

Timothy Marble
Marble Law Office PC

Richard A. Pagnano
Davis Pagnano McNeil & Vigna LLP

Steven B. Taylor
Attorney & PCC Paralegal
Program Instructor

Hon. Katherine E. Tennyson
Multnomah County Circuit Court

Brian M. Thompson
Law Office of Brian M. Thompson

Rajkirn "Kiran" Uppal
Samuels Yoelin Kantor

Mark M. Williams
Program Planner
Gaydos, Churnside & Balthrop PC

Handouts

Faculty

Mark M. Williams Related seminars and products: 1

Attorney

Gaydos Churnside & Balthrop PC


Mark M. Williams, Attorney, Gaydos, Churnside & Balthrop, PC, Eugene; B.A., magna cum laude, University of Portland (1978); J.D., Notre Dame Law School (1981); member of the Oregon State Bar since 1982; practice focuses on estate planning, probate, elder law (medical and financial issues facing the aging and incapacitated), and legal ethics; past chair, OSB Elder Law Section; member (and past president), Oregon Law Institute Board of Directors (1995–2013); adjunct professor, Concordia University and University of Oregon School of Law; has addressed estate planning issues at national and local forums, including the National Academy of Elder Law Attorneys Annual Symposium, American Society on Aging, Joint Conference on Law and Aging, Oregon Law Institute, and Oregon State Bar.


Alan K. Brickley Related seminars and products: 1

Attorney

First American Title Insurance


Alan K. Brickley, Counsel, First American Title Insurance Company of Oregon, Portland; University of Oregon (1959–1960); Portland State University (1960–1963); J.D., Lewis & Clark Law School (1970); M.B.A., University of Oregon (1992); member of the Oregon State Bar since 1970; practice limited to real estate and title insurance; former member, Board of Directors of the Oregon Law Institute (1999–2004); has taught at Clackamas Community College, Lewis & Clark Law School, Marylhurst University, and Willamette University College of Law; current adjunct professor, Portland State University; member, City Club of Portland (former member, Board of Governors and chair of Research Board); former Mayor, City of West Linn (1974–1982); frequent speaker on real estate related issues.


Hon. Claudia M. Burton Related seminars and products: 1

Marion County Courthouse


Hon. Claudia M. Burton, Circuit Court Judge, Marion County, Salem; B.A., Princeton University (1982); J.D., Boalt Hall, U.C. Berkeley (1985); pro tem Circuit Court Judge since 2000 and Circuit Court Judge since January 2004 (both in Marion County); member of the California State Bar since 1985, the Oregon State Bar since 1989, and the Washington State Bar since 1994; member, OSB Professional Responsibility Committee, House of Delegates Executive Committee, Elder Law Section Newsletter Committee; officer, Mary Leonard Law Society; President and webmaster, Willamette Valley American Inn of Court; former, Administrative Law Judge, Oregon Workers’ Compensation Division and Oregon Construction Contractors Board; frequent CLE speaker, matters relating to probate and protective proceedings.


Jeffrey M. Cheyne Related seminars and products: 1

Attorney

Samuels Yoelin Kantor LLP


Jeffrey M. Cheyne, Partner, Samuels Yoelin Kantor LLP, Portland; B.A., University of Oregon (1963); J.D.,  (1975), LLM Tax, (1984), University of San Diego; member of the Oregon State Bar since 1990; member, California and Washington State Bars; practice focuses on estate planning and administration, and tax planning; fellow, American College of Trust and Estate Council; work group member, OSB Estate Planning and Administration Section; member, Probate Update Workgroup under the Oregon Law Commission; past chair, OSB Estate Planning and Administration Section.


Hon. Lauren S. Holland Related seminars and products: 1

Lane County Circuit Court


Hon. Lauren S. Holland, Circuit Court Judge, Lane County, Eugene; B.A., University of Oregon (1974); J.D., University of Oregon School of Law (1978); member of the Oregon State Bar since 1978 and admitted to the U.S. Supreme Court Bar in 1981; Probate Judge in Lane County since 2001 and  Commercial Court Judge (since inception); Co-Chair, Oregon Working Interdisciplinary Network of Guardian Stakeholders; member, Oregon Supreme Court Task Force on Protective Proceedings and Oregon Association of Family and Conciliation Courts; serves on the Lane County Mediation Commission, and has facilitated a Probate Mediation Clinic with law students from the University of Oregon School of Law on protective proceedings and other probate cases; past member, executive committee, OSB Estate Planning & Administration Section; past member, Board of Directors, Lane County Bar Association.


Jonathan A. Levy Related seminars and products: 1

Attorney

Cavanaugh Levy Bilyeu LLP


Jonathan A. Levy, Partner, Cavanaugh Levy Bilyeu LLP, Portland; A.B., Harvard University (1977); J.D., University of Michigan Law School (1982); member of the Oregon State Bar since 1988; practice emphasizes trusts, wills, probate, estate planning, and planning for retirement benefits and charitable organizations; past chair, Executive Committee, OSB Estate Planning and Administration Section; past chair, Trust Committee of the Oregon Bankers Association; member, American College of Trust and Estate Counsel (ACTEC); co-editor, Administering Oregon Estates (OSB CLE 2000, 2004, 2012); frequent speaker and writer on estate-planning topics, including contributions to Administering Oregon Estates (2012), Administering Trusts in Oregon (OSB CLE 2000 and 2007), and Elder Law (OSB CLE 2000 and 2005).


Erin K. MacDonald Related seminars and products: 1

Attorney

Karnopp Petersen LLP


Erin K. MacDonald, Partner, Karnopp Petersen LLP, Bend; B.A., Trinity College (1998); J.D., cum laude, Lewis & Clark Law School (2002); member of the Oregon State Bar since 2002; practice focuses on estate planning covering a wide variety of matters including will, trusts, probate, charitable, estate and gift tax planning; member, OSB Estate Planning and Administrative Section, and Tax Section Newsletter Committee; frequent speaker on topics concerning estate planning and probate to both professional and non professional groups.


Timothy Marble Related seminars and products: 1

Attorney

Marble Law Office PC


Timothy Marble, Shareholder, Marble Law Office, PC, Forest Grove; B.A., Anderson University (1984); M.Div. Vanderbilt University (1988); J.D., Willamette University College of Law (1993); member of the Tennessee State Bar since 1993 and the Oregon State Bar since 1994;  practice areas include estate administration, protective  proceedings, and elder law; member, OSB Elder Law Section, Washington County Elder Abuse Multi-Disciplinary Team (1998– present), Oregon  Attorney General’s Elder Abuse Task Force (2003– present), and Governor Kulongoski’s Elder Abuse Task Force (2004).


Richard A. Pagnano Related seminars and products: 1

Attorney

Davis Pagnano McNeil & Vigna LLP


Richard A. Pagnano, Partner, Davis Pagnano McNeil & Vigna, LLP, The Elder Law Firm, Portland; B.S., University of Santa Clara (1979); J.D., Lewis & Clark Law School (1989); member of the Oregon State Bar since 1989; practice focuses on estate planning for people with disabilities and probate with an emphasis on elder law and contested guardianship, conservatorship, and probate proceedings; member, MBA, OSB Estate Planning and Administration (past chair), Tax Law, and Elder Law Sections (past chair); past chair, Portland City Club’s Health Care Issues Committee; past president, Store-to-Door; honored by the Multnomah County Senior Law Project for pro bono services to the elderly; former board member of the Guardian/Conservator Association of Oregon; frequent speaker and author for professional and non-professional groups concerning probate, estate planning, and elder law issues.


Darlene D. Pasieczny Related seminars and products: 1

Attorney

Samuels Yoelin Kantor LLP


Darlene Pasieczny (“Pah-Shetch-nee”), Attorney, Samuels Yoelin Kantor LLP, Portland; B.A., Reed College (2001); M.A., Columbia University (2003); J.D., Lewis & Clark Law School (2012); member of the Oregon State Bar since 2012; practice emphasizes FINRA arbitration and securities and fiduciary litigation; member, MBA, OWLs, Public Investors Arbitration Bar Association (PIABA), and Gus J. Solomon Inn of Court.


Steven B. Taylor Related seminars and products: 1

Attorney

Attorney at Law, and PCC Paralegal Program Instructor


Steven B. Taylor, Attorney & Portland Community College Paralegal Program Instructor, Portland; B.A., University of Portland (1978); J.D., Lewis & Clark Law School (1981); member of the Oregon State Bar since 1982; practice focuses on a variety of civil matters, including personal injury, litigation, insurance law, employment and business matters, and estate planning; serves as a part-time instructor at PCC Paralegal Program, teaching courses on paralegal ethics, substantive law and interviewing skills and serves on the College’s Paralegal Program Advisory Committee; former adjunct professor, University of Portland and coach for their undergraduate Mock Trial team; former coordinator (with his wife) for Retrouvaille in Oregon (a program for troubled marriages) and appointed as Retrouvaille Inter-national’s support and development team for the Northwestern U.S. and Western Canada.


Hon. Katherine E. Tennyson Related seminars and products: 1

Multnomah County Circuit Court


Hon. Katherine E. Tennyson, Chief Probate Judge (2007–present), Multnomah County Circuit Court, Portland; B.A., Duke University (1981); J.D., Lewis & Clark Law School (1984); member of the Oregon and Washington State Bars since 1984; has served in the Family Law Department since 2002 hearing cases involving probate and protective proceedings, dissolutions, custody, parenting time, support enforcement, domestic violence, juvenile delinquency and dependency, and termination of parental rights; is Secretary of the Board of Trustees of the National Council of Juvenile and Family Court Judges and former Chair of the NCJFCJ Family Violence Department Advisory Committee; served as faculty for NCJFCJ national judicial training including the Child Abuse and Neglect Institute, Enhancing Judicial Skills in Elder Abuse Cases, and the Institute for New Family Law Judges.


Brian M. Thompson Related seminars and products: 1

Attorney

Law Office of Brian M. Thompson


Brian M. Thompson, Law Office of Brian M. Thompson, Eugene; B.S., University of California Davis (1986); J.D., Order of the Coif, University of Oregon School of Law (1993); member of the Oregon State Bar since 1993; admitted to practice, U.S. Tax Court (1997); practice areas include, estate planning, probate, guardianships and conservatorships, elder law, and federal income taxation; adjunct Professor of Law, University of Oregon School of Law (2000);  member, OSB Elder Law Section Executive Committee (2003–2011), Legal Ethics Committee (1997–2000), Attorney CPA Committee (1994–1997); member, Lane County Bar Association (President, 2008–2009), Board of Directors (2004–2008); frequent author and speaker on elder law and estate planning issues.


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