Credits: 1 Ethics, 5.25 General
Oregon’s leading program on the estate administration process. This seminar is designed to help you guide your client and your case through the complete 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.
5.25 General and 1 Ethics Oregon MCLE credits.
What previous attendees have said about this seminar:
8:40 Welcome and Introductions
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
– Brent S. Kinkade
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
– Erin K. MacDonald
10:15–10:30 Networking 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
– Walker R. Clark
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. Katherine E. Tennyson
2:15–3:00 Administration of Estates with Revocable Trusts
• Coordination with probate
• Selected taxation issues
• Accounting and closing
• Gun trusts
– Brian M. Thompson
3:00–3:15 Networking Break
3:15–4:15 Utilizing Paralegals Ethically
• Avoiding unlawful practice of law by staff
• Maintaining confidentiality
• Billing, compensation, and solicitation practices
– Steven B. Taylor
4:15 p.m. Adjourn
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 LLP
Karnopp Petersen LLP
Erin K. Macdonald
Karnopp Petersen LLP
Marble Law Office PC
Richard A. Pagnano
Davis Pagnano McNeil & Vigna LLP
Steven B. Taylor
Attorney & PCC Paralegal
Hon. Katherine E. Tennyson
Multnomah County Circuit Court
Brian M. Thompson
Law Office of Brian M. Thompson
Mark M. Williams
Gaydos Churnside & Balthrop PC
Electronic Coursebook: Registration includes electronic course materials.
Call (503) 768-6580
Email us at firstname.lastname@example.org
Follow us on Twitter: @OregonCLE
|Brochure (0.58 MB)||3 Pages||Download|
|ABCs of Decedents' Estate Administration - entire book (0.88 MB)||303 Pages||Available after Purchase|
|Ch-01 Alternatives to Probate (0.09 MB)||27 Pages||Available after Purchase|
|Ch-02 Initiating Probate (0.09 MB)||37 Pages||Available after Purchase|
|Ch-03 Inventory Collection & Management of Assets (0.10 MB)||39 Pages||Available after Purchase|
|Ch-04 Title Problems (0.03 MB)||10 Pages||Available after Purchase|
|Ch-05 Creditors Claims (0.08 MB)||30 Pages||Available after Purchase|
|Ch-06 Closing and Distribution of Assets (0.11 MB)||49 Pages||Available after Purchase|
|Ch-07 View from the Probate Bench (0.04 MB)||15 Pages||Available after Purchase|
|Ch-08 Administration of Estates with Revocable Trusts (0.11 MB)||50 Pages||Available after Purchase|
|Ch-09 Utlilizing Paralegals Ethically (0.23 MB)||22 Pages||Available after Purchase|
|MCLE Record Keeping Form||1 Pages||Available after Purchase|
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, 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, 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.
A focused and driven attorney, Walker R. Clark believes in working directly with his clients to best meet their needs. A member of the Washington and Oregon Bar, Mr. Clark has been working in the legal world since before attending the University of Oregon School of Law. Prior to attending law school, Walker assisted in a law firm, where he handled pleadings, motions, and trial prep on a day to day basis.
Between his second and third year of law school, Walker clerked for Federal Magistrate Judge John V. Acosta. Walker received a pro-bono certificate for his work for Judge Acosta. During his third year he not only received certificates of mastery in taxation and estate planning, but also participated in a non-profit clinic. There he reviewed bylaws and worked directly with the board of a nonprofit to assess the board’s governance.
Brent S. Kinkade, Karnopp Petersen LLP, Bend; B.A., cum laude, Brigham Young University (1990); J.D., Order of the Coif, University of Washington Law School (1993); member of the Oregon State Bar since 1993; practice focuses on estate planning, covering a wide variety of matters, including wills, trusts, probate, charitable planning, elder law, and estate tax planning, and business practice that emphasizes entity formation, acquisitions and sales of businesses, commercial leasing, and real estate; member, Deschutes County Bar Association and OSB Business, Estate Planning, and Elder Law Sections; frequent speaker on various aspects of estate planning.
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, 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, 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.
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, 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, 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.
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.
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