Wills, Trusts and Probate Administration Syllabus for 2013-2014
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Instructor Information

Office Location

R. E. Byrd Business Building 328

Office Hours

By appointment

Course Information

Recording Policy

Disability Statement

Any student who, because of a disabling condition, may require some special arrangements in order to meet course requirements should contact disAbility Services (Student Service Center room 119, phone 371-5436) as soon as possible.

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As a student you may experience a range of issues that can cause barriers to learning, such as strained relationships, increased anxiety, alcohol/drug problems, feeling down, difficulty concentrating and/or lack of motivation. These mental health concerns or stressful events may lead to diminished academic performance or reduce a student's ability to participate in daily activities. Amarillo College offers services to assist you with addressing these and other concerns you may be experiencing. If you or someone you know are suffering from any of the aforementioned conditions, you can learn more about the broad range of confidential mental health services available on campus by calling the AC Counseling Center at 806-371-5900. The AC Counseling Center website is https://www.actx.edu/counseling/ . Also, if you are in need of social services (affordable housing, utilities, transportation, food, clothing, childcare, medical/dental/vision, legal), please call the AC Advocacy & Resource Center at 806-371-5439. The AC Advocacy & Resource Center website is https://www.actx.edu/arc

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N/A

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N/A

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Course

LGLA-1353-001 Wills, Trusts and Probate Administration

Prerequisites

LGLA 1307 and BCIS 1305 or Department Chair consent Corequisite: LGLA 1355

Course Description

This course presents fundamental concepts of the law of wills, trusts and probate administration with emphasis on the paralegal's role.

Student Resources Student Resources Website

Department Expectations

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Occupational License Disclaimer

Hours

(3 sem hrs; 3 lec)

Class Type

Hybrid

Syllabus Information

Textbooks

Administration of Wills, Trusts, and Estates, 5th edition
Gordon Brown & Scott Myers (Cengage Learning)
ISBN-13: 978-113-301-6779

Supplies

3-ring notebook for portfolio items.

Student Performance

The student will define and properly use terminology related to wills, trusts, and probate administration locate, describe, and analyze sources of law relating to wills, trusts, and probate administration; describe the role and ethical obligations of the paralegal in wills, trusts, and probate administration; and draft documents commonly used in wills, trusts, and probate administration.
After studying the material presented in this course of study, the student will be able to do the following as evaluated by the faculty in the Paralegal Studies program:
  1. Demonstrate knowledge of the purpose and need for a will.
  2. Identify, explain, and classify the concepts of property relating to wills, trusts, and estate administration.
  3. Identify the proper court for supervising the administration and distribution of a decedent’s estate and explain the functions of the participants for drafting wills and trusts.
  4. Recognize, understand, and discuss the law of succession.
  5. Demonstrate basic knowledge related to wills including validity requirements and proper procedures for modification, revocation, and contests.
  6. Understand and demonstrate knowledge related to the collection and assimilation of relevant facts in preparation for drafting a will including procedures for use of checklists and client conference practices
  7. Identify and complete elementary tasks to demonstrate knowledge of proper procedures for drafting and executing a valid, legal will. 
  8. Understand basic trust terminology, define essential elements of trusts, identify participants in the creation and operation of a trust, and explain how a trust is terminated.
  9. Understand procedures, principles, ethics related to estate planning and probate and estate administration.
  10. Understand the characteristics and purposes of a guardianship.

Students Rights and Responsibilities

Student Rights and Responsibilities

Log in using the AC Connect Portal

In order to receive your AC Connect Email, you must log in through AC Connect at https://acconnect.actx.edu .

If you are an active staff or faculty member according to Human Resources, use "Exchange". All other students, use "AC Connect (Google) Email".

Expected Student Behavior

I. Students and teachers have obligations to each other.

II. What I expect from students:

You will treat everyone in the class with the respect due all human beings.

You will do the work outlined in the syllabus on time.

You will not plagiarize or otherwise steal the work of others.

You will accept the consequences – good and bad – of your actions.

III. What students can expect from me:

I will treat you with the respect due all human beings.

I will treat you as an individual.

I will not discriminate against you on the basis of your identity or your viewpoints.

I will manage the class in a professional manner.

I will respond to student email within 24 hours, including weekends and holidays.

I will pursue the maximum punishment for plagiarism, cheating, and other violations of academic integrity.

I will keep careful records of your performance and progress.

I will make myself available to you for help and am willing to discuss anything even tangentially related to this class, college, law school, or the legal profession.

I will respect the fact that you have lives and commitments outside college, but I do not consider those to be excuses for not being prepared.

If I am notified in advance, I will make every reasonable effort to accommodate particular situations that may arise in your life.

I will make every reasonable effort to accommodate sudden, unexpected, extraordinary situations that are impossible for you to notify me about in advance.

I will maintain confidentiality concerning your performance.

I will provide you with professional support and write recommendations for you, if appropriate.

I will be honest with you.

Your grade will reflect the quality of your work and nothing else.

Grading Criteria

GRADING

Portfolio 50%
Homework

20%

Midterm 15%
Final 15%

 

Attendance

You are expected to be prepared for and promptly attend all scheduled class meetings.

Should you miss a class, it is your responsibility to determine what you have missed and to take appropriate measures. I highly recommend that you get notes from someone in class for any class you must miss.

It is your responsibility to initiate a drop or withdrawal through the Registrar's Office.  If you stop attending class, but fail to officially withdraw from the course, you will receive a final grade of F.

Calendar

 

WEEK DATE PREP FOR CLASS MEETING CLASS MEETING ASSIGNMENT DUE
1 August 27 --- Introductions

Review Syllabus

Review Portfolio Assignment
 
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2
September 3

Read Chapter 1 & 2

Overview of Wills, Trusts, and Probate Administration

Introduction to Pro Doc
Homework: Answer "Sharpening Your Professional Skills" questions on p. 19 (1-8) and p. 45 (1-5)
 
3 September 10 Read Chapter 3 A Bundle of Rights - Overview of Property Law

Portfolio: Create a will questionnaire

Homework: Answer "Sharpening Your Professional Skills" questions on p. 73 (1-8)

4 September 17

Read Chapter 4

Read Texas Probate Code §38

Intestate Property

Portfolio: Draft Retainer Agreement (flat fee/simple will)

Portfolio: Draft Dis-Engagement Letter (completion of services)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 106 (1-7)

5 September 24 Read Chapter 5

The Last Will and Testament

Guest: Darin Mitchell

Portfolio: Draft a will, medical power of attorney, durable power of attorney, directive to physicians (John Smith)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 142 (1-5)

6 October 1 Read Chapter 6 Structure of the Model Will Homework: Answer "Sharpening Your Professional Skills" questions p. 180 (1-13)
7 October 8

Read Chapter 12

Read Texas Probate Code §52, 52A

Probating a Will

Portfolio: Read probate code and create checklist for "Affidavit of Heirship"

Portfolio: Draft "Affidavit of Heirship"

Homework: Answer "Sharpening Your Professional Skills" questions on p. 357 (1-4)

8 October 15 Read Chapter 10 Pro Doc Training - Probate Homework: Answer "Sharpening Your Professional Skills" questions on p. 283 (1-3)
9 October 22 Read Chapter 7 Family Protection, Lapses, and Ademption

Portfolio: Draft "Application for Probate" (Thomas Young)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 205 (1-4)


10

October 29

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Midterm

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11

November 5

Read Chapters 8 & 9

Trusts and Specialized Trusts

Portfolio: Draft Retainer Agreement (flat fee/probate)

Portfolio: Draft Probate Questionnaire

Homework: Answer "Sharpening Your Professional Skills" questions on p. 235 (1, 5-10) and p. 260 (2-6)

12

November 12

Read Chapters 13 & 14

Read Texas Probate Code §137, 138


Estate Taxes

Final Choices

Portfolio: Draft a will with testamentary trust for minor child (John Smith)

Homework: Answer "Sharpening Your Professional Skills" questions on p. 384 (1-2) and p. 417 (1-4)


13

November 19

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Legal Aid Wills Clinic
[report to alternate location; details to follow}

Portfolio: Read probate code and create checklist for "Small Estate Affidavit and Order"

Portfolio: Draft "Small Estate Affidavit and Order"


14

November 26

Read Texas Probate Code §89A, 89B, 89C

Guest: Cathy Peek

Portfolio: Read probate code and create checklist for "Muniment of Title and Order"

Portfolio: Draft "Muniment of Title and Order"


15

December 3

Read Chapter 11

The Personal Representative

Portfolio: Draft personal will

Homework: Answer "Sharpening Your Professional Skills" questions on p. 315 (1-5)


16

December 10

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FINAL EXAM

Will Signing Ceremony


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Additional Information

Fall 2013 - Important Dates

August 27 First Day of Classes
September 2 Labor Day - AC Closed
September 17 Constitution Day
November 4 Spring 2014 Registration Begins
November 20 Last Day to Withdraw - Fall 2013
November 28 - December 1 Thanksgiving Holiday - AC Closed
December 9 - December 13 Finals Week
December 14 Commencement Ceremony (10am)

 

Syllabus Created on:

11/30/-1 12:00 AM

Last Edited on:

11/30/-1 12:00 AM