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OnDemand Course

What Ancillary Probate Is and How to Avoid It

Learn about ancillary probate and best practices to avoid it in estate planning.

Ancillary probate refers to the process of changing ownership of a piece of property in a state other than where a person lives and dies. More and more people are purchasing or inheriting property in another state to enjoy for vacations or to have ongoing rental income. Unfortunately, if a decedent lives in a different state, ancillary or secondary probate may well be needed to determine who inherits the property. This will certainly add costs and additional time to settle one's estate and cause confusion and frustration, not to mention have impact upon taxes and potential creditors and perhaps even Medicaid planning. Sometimes ancillary probate is the only way to accomplish what the owner wants to occur after death. But for many individuals and/or families, there are other options that can take place during the estate planning process that can avoid ancillary probate. This topic will help those advising clients in how to best title the deeds to their properties, the pros and cons of placing non-homestead property in trust and what will be necessary to plan for in the event the final choice is to permit ancillary probate to occur.

91 minutes
Course Exam
Certificate of Completion
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Ancillary Probate Defined

  • When It Is Needed
  • What Documents Must Be Provided to the Court
  • Time/Cost
  • Summary Admin/Small Admin/Formal Admin

How to Avoid Ancillary Probate

  • Estate Planning
  • Revocable Trust
  • Deed Into Trust- Avoid UPL
  • Joint Ownership - Deed Requirements to Ensure
  • Transfer on Death Deeds
  • Life Estate
  • LadyBird Deed

Pros and Cons of Ancillary Probate

  • Time/Cost
  • Differences Between States
  • Guardianship Issues
  • Jurisdictional Disputes

How to Obtain Transfers

  • How to Find the Right Attorney in Another State
  • Impact Upon Domiciliary Estate
  • How to Locate Non-Domiciliary Property
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 6, 2020.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Vicki Levy Eskin

Vicki Levy Eskin

Levy & Associates, PA

  • Owner of Levy & Associates, PA, a small law firm in Longwood, Florida
  • She focuses her practice on probate, guardianship, trust administration and estate planning, including specific trusts, Medicaid planning, and veteran's assistance programs
  • Has an active circuit civil and appellate mediation practice
  • Served three years as the National Solo and Small Firm Conference chair for the American Bar Association, has maintained an active leadership role for many years for the GP|Solo division of the ABA, and served as ABA advisor to the survey and drafting committee for the Uniform Law Commission Committee during its three year work on creating the model code for fiduciary access to digital assets and the parallel committee for the RPPTL division of the Florida Bar
  • Spoke before the Florida Legislature twice in support of FADAA and RUFADAA, leading to its ultimate enactment in her state
  • Written and lectured extensively on preserving digital assets, FADAA, RUFADAA, trusts, international estate planning and other areas of estates, trusts and probate administration and small office management
  • Through her work with the American Bar Association, she serves as a mentor to solo and small firm practitioners throughout the United States
  • She has a history of involvement in local and state bars, including membership in the Iowa State Bar and has served on several community advisory boards
  • Can be contacted at http://levylawyers.com
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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407606
Published 2020
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