By Tina M. Johnson
The days, weeks, months and years have passed for this probate and tax paralegal who has over 24 years of experience helping clients craft sophisticated legacy plans and assist with death and taxes as part of administering an Estate and/or Trust. Dealing with death and taxes is often a heavy burden for countless clients. Follow me on a trip down memory lane… and learn why being a probate paralegal is a wonderful thing and a key tool for attorneys.
The absolute best part of being a probate and tax paralegal is the quality of client connections we have. This includes communicating with clients, the various county probate courts and probate registrars, financial institutions, accountants, among other professional representatives that may aid with probate administrations. The paralegal is often the first stepping-stone for the client to connect with to try to understand the probate process. A paralegal is the lifeline for the clients. From the preparation of the initial probate pleadings for starting an estate, to helping with the collection of probate assets and obtaining date of death valuations to gain a full overview and snapshot of the Estate, a paralegal’s job is bounteous. The best probate paralegals are the ones who hold the traits of empathy and compassion. Oftentimes, paralegals are used to help efficiently administer an Estate or Trust administration. This is because the attorney sets the paralegal’s billable rate based on surveys and the level of experience and ability the paralegal has in this specialty area of law, which is often more cost-efficient for the client.
Have you ever heard a probate paralegal declare “You won’t believe what happened, is this for real?” This is because of the fascinating cases that come through the law firm door to the paralegal’s desk. Clients often need a helping hand, someone to talk to as they grieve the loss of their loved one, or simply someone to ask how the probate process works. In my experience, clients have contacted me to express their desire to gift their mother’ s jewelry to me as thanks for helping them through the probate process. Of course, my answer was to offer a suggestion to gift the jewelry to the nieces, who were the Decedent’s granddaughters.
“Don’t dead people get tax breaks?” was my favorite tag line in an email from a client when talking about the various death tax returns required for the estate administration, such as the Final Form 1040 Individual Income Tax Return, Estate Tax Returns, Fiduciary Income Tax Returns, and Gift Tax Returns, to name a few. It’s the small things that often bring the greatest rewards. A paralegal who is experienced with all the death tax returns for an estate is extremely valuable and profitable for a law firm. Providing the best and most in-depth representation to clients has always been a top priority. Often a celebration is had when the Estate Tax Closing Letters are issued by the Internal Revenue Service and the Minnesota Department of Revenue. Whether it is a pizza party or a doughnut “hooray” day, the insignificant things do bring great rewards to both the paralegal and the entire legal team.
Attorneys who are supervising paralegals may prefer the paralegal to manage day-to-day communications and the drafting of the various probate pleadings, so they can focus their attention on the key legal issues and provide the best legal advice to the clients. Communication, therefore, is vital to ensure all parties…attorney, paralegal, and the client, are updated and well-versed on the status of the administration. This includes reminding the client that the probate process is not dreadful, it is simply a process and takes time and understanding. For instance, collecting the date of death valuations for all the probate assets, and in certain instances, even the non-probate assets if you are lucky enough to assist with the preparation of Estate Tax Returns (Form 706) for an Estate or Trust. The next crucial aspect a paralegal provides is the docketing of the deadlines on your attorney’s calendar to ensure that you keep the case and the attorneys moving forward smoothly.
I’ve learned that patience, compassion, and a hard work ethic will aide a probate paralegal in finding joy in what he or she does for the attorneys and the law firm. Working as a probate paralegal, I’ve had the pleasure of going on treasure hunts to locate heirs and estate property and connecting estranged family members together after not speaking or seeing one another in over 20 years, which sparked my detective role.
Being compassionate and caring when your client is upset that they grew up as an only child with a wealthy family, but the client’s parents left their residual estate to charities; meaning my client received no inheritance. This shows why compassion and empathy are key when consoling my clients, much like therapists do.
With my love for writing, I’ve played the role of teacher by educating people on both estate planning and administering an estate or trust. I have also educated people on death taxes through publishing articles in legal magazines and my law firm’s blog. So many questions have been answered on Wills and Trusts and on death and taxes.
In preparing Estate Tax Returns (Form 706), I’ve had opportunities to work with certified appraisers to value ranches and animals, much like being on Old McDonald’s Farm. Other hard to value assets, such as timeshare units, unique antique property, and collection of musical instruments that would fuel a small symphony are projects that have impacted the work I do.
During my years of practice, I have thoroughly enjoyed walking hand in hand with clients down the road of death and taxes. As you can see, my journey was well-traveled. So much so, that I’ve been sought after for what I do as a probate paralegal and my path has led me to work with fantastic and talented legal teams. My passion helps build the foundation with the legacy plans for clients to soaring through the trenches of death compassionately…leading the loved ones to the beauty and serenity of heaven and peace. As a mentor once told me, always be curious, ask a lot of questions, and listen wholeheartedly. Always be true to yourself and what you do. My superpower is my empathy and compassion for being a career paralegal.
On the horizon is pouring my enthusiasm and heart into mentoring paralegals for those just starting out or those who may be feeling drained or burnt out. I can help them find joy in what they do as paralegals. This coveted career we hold is an integral part of the legal team. So much so, I believe my years of experience can help each and every paralegal who wants extra motivation or simply, that are in need of finding joy and satisfaction in what they do each and every day. Look within, are you truly satisfied with your career path? Do you seek challenges and respect from your team? Have you ever been confronted with toxicity in the workplace, such as arrogant colleagues who confide to you that they only speak to their superiors? This meant to me, “I won’t collaborate with you”.
As Chere Estrin taught me so wisely, if you wake up in the morning and cry as you anticipate going into work for the day, then you must look within and find a new path. That is precisely what I have done. Because it is a fact that sliding down the rainbow to the other side is much brighter and happier. For all these reasons and the life lessons I’ve endured, I now want to share my golden nuggets of what I have learned and have implemented throughout my career as a PACE Registered Paralegal. Ethics, respect, communication, and teamwork are vital aspects for all paralegals.
My heart is smiling as I create a mentoring program to show paralegals what they can do to thrive and succeed, both personally and professionally. For instance, having gratitude and practicing meditation go a very long way in settling your inner self-sabotaging demons. Changing your mindset and thinking outside the box will help you to understand why people behave and act they way they do. Also, knowing that the legal field is full of mental health challenges, from working with challenging clients or even attorneys, to having heavy workloads and multiple deadly deadlines, to a mix of generational colleagues with odd quirks or hobbies, to all things that may bring stress upon you. I’ve learned that journaling and setting expectations helps me to maintain focus and to release any pent up frustrations. It is important to be fully comprehensive, by accepting constructive criticism, and taking intentional deep breaths and breaks. My love of writing and my empathetic heart will undoubtedly help many paralegals. This, in and of itself, brings me joy for the birth of “Expert Paralegal LLC.”
May you find your true calling as a paralegal, whether that is working for a particular firm or for an expert Attorney, or specializing in a specialty practice area as I have, the roads we travel will then be beautifully aligned with our hearts. My challenge to you is this…stay the path, work hard, and find your passion(s). Being a superstar paralegal is the best career choice I have ever made and I look forward to another 15 or so years helping my attorneys shine and my clients deal with the “D” factor. It’s a part of life, dealing with death, and I feel a deep sense of serenity with the connections I’ve had with clients and families, and with the legal community nationwide.
Tina M Johnson
Tina M. Johnson is a paralegal in Maslon’s Estate Planning Group with more than two decades of experience managing probate and trust administrations, maintaining trust account ledgers and annual trust accountings, and preparing fiduciary income tax, gift tax, and estate tax returns. She also supports attorneys with clients’ long term care planning needs and annual accountings for guardianships, conservatorships, and special/supplemental needs trusts.
A leader in her field, Tina regularly writes and presents on estate administration topics. Most recently, she authored a chapter in the newly revised Minnesota Estate Administration Deskbook from Minnesota CLE.
Tina earned her paralegal degree from Inver Hills Community College and a bachelor’s degree from Minnesota State University – Mankato. She is certified as a PACE® (Paralegal Advanced Competency Exam) Registered Paralegal by the National Federation of Paralegal Associations, Inc., has earned the Minnesota Certified Paralegal (MnCP) credential, and serves as a notary public.
Reach out to her at: Tina.Johnson@maslon.com.