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LGLA-1353-001 Wills, Trusts and Probate Administration
Prerequisite: LGLA 1307 and BCIS 1305 or Department Chair consent
This course presents fundamental concepts of the law of wills, trusts and probate administration with emphasis on the paralegal's role.
Student ResourcesStudent Resources Website
Notice to Students enrolled in an educational program for preparation of issuance of certain occupational licenses:
Students enrolled in an educational program in preparation for obtaining certain occupational licenses are potentially ineligible for such license if the student has been convicted of an offense. For further information, please contact:
Melodie Graves
Justice Involved Advocate
Student Service Center 117
mgraves24@actx.edu
806-371-5995
Make appointment at https://melodiegraves.youcanbook.me
You can also contact the Legal Clinic, or the faculty member in charge of the educational program that you seek to enroll in. The further information you will receive will include notification to you of your right to request a criminal history evaluation letter from the licensing authority in order to clarify your particular situation.
(3 sem hrs; 3 lec)
Hybrid
Wills, Trusts, and Estate Administration (Eighth Edition), by Dennis R. Hower, Janis L. Walter, and Emma R. Wright (Cengage Learning)
White 8-1/2" x 11" pager, stapes, paper clips, and pens. A 3-ring notebook or binder for portfolio items would be helpful.
The student will define and properly use terminology related to wills, trust, and probate administration; locate, describe, and analyze sources of law related to wills, trusts, and probate administration; describe the role and ethical obligations of the paralegal in the areas of wills, trusts, and probate administration; and draft documents commonly used in wills, trusts, and probate administration.
After studying the material presented in this course, 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 related 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 trust.
4. Recognize, understand, and discuss the law of succession.
5. Demonstrate basic knowledge related to wills, including requirements for validity 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 use of checklists and client conference procedures.
7. Identify and complete elementary tasks to demonstrate knowledge of proper procedures for drafting and executing a valid 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, and ethics related to estate planning, probate, trust operation, and estate administration.
10. Understand the characteristics and purposes of a guardianship.
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".
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
Portfolio/Drafting Assignments |
40% |
Homework/Inclass Assignments |
20% |
Midterm | 15% |
Final | 15% |
Attendance/Class Participation 10%
You are expected to be prepared for and promptly attend all scheduled class meetings, whether you are attending classes in person or online.
Should you miss a class, it is your responsibility to determine what you have missed and to take appropriate measures. This semester, it may be possible to view recordings of classes that you 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.
WEEK | DATE | PREP FOR CLASS MEETING | CLASS MEETING | ASSIGNMENT DUE BY THE END OF THE CLASS |
---|---|---|---|---|
1 | August 24 | --- | Introductions Review Written Assignments |
--- |
2 |
August 31 |
Read Chapter 1 |
The Concept of Property Related to Wills, Trusts, and Estate Administration Discussion of Powers of Attorney |
Homework: Answer "Review Questions" questions on p. 47-48 (1, 2, 6, 7, 11, 12, 16) and do "Practical Assignments" 1 & 2. |
3 | September 14 |
Read Chapter 2 Read Texas Estates Code §752.051 |
The Estate Plan and the Purpose and Need for a Will Introduction to Legal Research Programs |
Homework: Answer "Review Questions" 2, 5 & 6 on p. 72. Written Assignment: Draft a Statutory Durable Power of Attorney--see description on Blackboard. |
4 | September 21 |
Read Chapter 3 Read Texas Estates Code §§201.001 through 201.003 and §201.057 Read Texas Estates Code §203.002 |
Intestate Succession |
Written Assignment: Draft an Affidavit of Heirship--see description on Blackboard. Homework: Answer "Review Questions 5, 7, 9, and 11 on page 126. |
5 | September 28 |
Read Chapter 4 Review will form |
Wills: Validity, Modification, Revocation, and Contests
|
Written Assignment: Draft a will for John Smith-- see handout Homework: Answer "Review Questions" 1, 8, and 11 on p. 153. |
6 | October 5 |
Read Chapter 5 Read Chapter 6 |
Discussion of will execution ceremony | Homework: Answer "Case Problems" Problem 1 on p. 185 and answer "Review Questions" 11 and 13 on p. 232. |
7 | October 12 |
Prepare for exam
|
TAKE MIDTERM EXAM |
|
8 | October 26 |
Read Chapter 7 & 8 Review Application for Probate of Will Form (State Bar of Texas), to be handed out |
Probate Courts and Personal Representatives |
Homework: Answer "Review Questions" 3, 5, and 12 on pp. 252-53 and "Review Questions" 1, 5, and 9. Written Assignment: Draft Application for Probate of Will--see handout |
9 | November 2 |
Read Chapter 9 Review sources on inventory handout and review inventory form |
Probate and Estate Administration |
Homework: Answer "Review Questions" 10, 16, & 17 on page 349. Written Assignment: Draft an inventory from handout |
10 | November 9 |
No Class | ||
11 | November 16 |
Read Chapters 10 and 11 Read §§257.001 through 257.103 of the Texas Estates Code and review muniment of title forms (State Bar of Texas) |
Informal Probate Administration and Tax Considerations |
Written Assignment: Prepare Proof of Death and Other Facts for Muniment of Title and Order Admitting Will to Probate as a Muniment of Title Homework: Answer "Case Problems" question 1 on p. 374 and do "Review Questions 4, 5, and 6" on page 406. |
12 | November 23 | Read Chapter 12 & Chapter 13 |
Introduction to Trusts and Classification of Trusts |
Homework: Answer all of the "Review Questions" 1 on p. 417. Homework: Answer "Review Questions" 5,10, and 15 on p. 486 |
13 |
November 30 |
Read Chapter 14 Read Tex. Health & Safety Code §166.164 |
Estate Planning Discussion |
Written Assignment for Trusts Due 12/03/20. Assignment 12.1 on p. 414; Practical Assignment 1 on p. 438; Assignment 13.11 on p. 456. Homework Due 11/30/20: Answer "Review Questions 1, 2, 3, 6, & 7 on p. 509 |
14 |
December 7 |
Read Chapter 15 Read Tex. Heath & Safety Code § 166.033 |
Final Choices |
Written Assignment Due 12/6/20: Draft Medical Power of Attorney -- see handout Written Assignment Due 12/9/20: Draft Directive to Physicians Homework Due 12/7/20: Answer "Review Questions" 3 and 6 on page 528. |
15 |
December 14 (or assigned date) | Prepare for Final Exam |
FINAL EXAM
|
|
Please submit your homework online in Word or Wordperfect format. Doing your homework before class starts will give you an opportunity to ask questions about the homework in class if you did not understand something. If you attend class virtually, your homework will be need to be submitted by 7:00 p.m. on the day of class. If you do your homework regularly, you will be more likely to do will on the mid-term and final exam.
The final exam will not be cumulative.
It is likely that there will be at least one in-class assignment made during each lecture.
08/27/20 12:31 PM
11/30/20 6:56 PM