House Bill 2504 Spring 2011 Course Syllabus LGLA-1353-01 (Wills Trusts-Probate Admin)
Spring 2011 Course Syllabus
LGLA-1353-01 (Wills Trusts-Probate Admin)
|Instructor||Phares, Harry Banker|
|Course ID #||10205|
|Course Title||Wills Trusts-Probate Admin|
|Course Description||The fundamental concepts of the law of wills, trusts and probate administration with emphasis on the paralegalÆs role.|
|Course Prerequisites||LGLA 1307 taken concurrently or prior to this course|
Administration of Wills, Trusts, and Estates, G. Brown, fourth edition,
Delmar Cengage Publishing
This course presents fundamental concepts of the law of wills, trusts, and probate administration with emphasis on the paralegal's role.
This course is designed to familiarize the student with the more common types of trusts, wills, and probate procedures. The following is a detail of specific objectives.
1. Identify the need for estate planning.
2. Explain the application of each of the probate procedures available in Texas.
3. Organize client information into a Will.
4. Draft various types of Wills.
5. Identify various types of trusts and be able to determine the applicability of each to client.
6. Explain the duties of trustees.
7. Classify trusts.
8. Request client probate information.
9. Prepare documents for probate.
10. Distinguish between the various proceedings utilized in the probate process.
11. Assist with execution of will and trust documents.
12.Distinguish between ethical and unethical behavior.
Course Calendar: In the left hand margin of the information which follows, there is a listing of the week in which the material will be discussed in class. An attempt has been made to have the week in class correspond to the chapter; e.g. third week – third chapter.
Topics covered during this course include:
Course Outline: Hours Devoted
1. Purposes ¼
a. Attested wills 2-3/4
b. Holographic wills 2
c. Nuncupative wills 1
3. Witnesses ½
4. Self-proving affidavits ½
5. Will revocation
a. By operation of law ½
b. By subsequent writing ½
c. By physical act ½
6. Incorporating by reference ½
7. Lapsed gifts ¾
8. Classification of legacies ½
9. Stock ½
10. Ademption ¼
11. Class gifts ¾
12. Contesting wills 1
13. Contracts relating to wills ¼
14. Mutual wills ¼
15. Joint wills ½
16. No contests clause ¼
17. Ethical responsibilities of the paralegal 1
1. Separate property distribution 3
2. Community property distribution 2
C. Estate Administration
1. Venue issues 1
2. Independent administration 3
3. Dependent administration 2
4. Community property administration 1 ½
5. Simplified administration
a. Muniment of title ½
b. Statutory proceeding to determine heirship ½
c. Informal family settlements 1/2
d. Order of no necessity for administration 1/4
e. Small estate administration ½
6. Claims of Creditors 1 ½
7. Personal representative compensation ¼
8. Homestead exemptions
a. Urban 1
b. Rural 1
9. Exempt personal property 3
10. Family Allowance ½
11. Ethical duties of the paralegal 1
1. Background ½
2. Parties ¼
3. Structure 1 ½
4. Revocability ¼
5. Special arrangements called trusts ¾
6. Private trusts 2 ¼
7. Charitable trusts 1
8. Creditors rights to beneficiaries’ trust interest ¾
9. Termination of trusts ½
10. Modifying trusts ½
11. Fiduciary Responsibilities of Trustees ¾
12. Ancillary trustees ¼
13. The ethics of trust preparation and administration ¾
|Attendance Policy||Required Attendance for Course: Each class meeting is the equivalent of three one hour classes. One absence from each class meeting is allowed without excuse. Other absences require acceptable excuse. If absent without acceptable excuse, additional course work may be assigned.|
|Determination of Final Grade||Exams for Course: Three, each of equal value. The Final will be one of the three tests and will have a value equal to a test. There will be no quizzes or homework (unless needed to make up for an unexcused absence). There will be an advance reading assignment each week. A legitimate excuse must be presented in order to make-up a missed exam. If a student has a D or lower average for the first two tests, the student will be required to take a comprehensive final.|
|Final Exam Date||May 11, 2011 - 6:30 PM|
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