LGLA 1353 Wills Trusts and Probate Administration

Course Syllabus

WILLS, TRUSTS & PROBATE ADMINISTRATION - LGLA 1353

I. Course Description:

This course presents fundamental concepts of the law of wills, trusts, and probate administration with emphasis on the paralegal's role. The student will develop the knowledge and skills indicated by the “Learning Outcomes” for the course.

II. Required/Recommended Texts

A. Required Text:

(1) Hill, Jr.; Rossen & Sogg, Wills & Trusts, 5th Ed. June 1999 update (The Professor Series -- formerly Smith’s Review - -

(2) Texas Probate Code, 2002 Ed. (West Pub. Co.)

B. Recommended Text:

(1) Some form of the Texas Trust Code, which is contained in the Texas Property Code. One source is: Texas Property Code, 2002 Ed. (West Pub. Co.)

(2) Black’s Law Dictionary

III. SCANs Competencies:

The SCANs Competencies that will be developed in this Course are listed on Attachment A.

IV. Instructional Methodology:

This course will be taught via a combined lecture and Socratic Method format. Students will be expected to have absorbed the assigned material prior to class, and to be able to respond to questions on the assigned material. In addition, students will brief court cases as assigned and will be prepared to recite on those cases.

V. Course Rationale:

This course is designed to provide the student grounding in the common and statutory law governing the law of wills and trusts, by stressing the historical development of the subject. The Course is also designed to develop the student’s issue identification skills.

VI. Course Outcomes:

The Student Learning Outcomes for this course are listed on Attachment B.

VII. Course Evaluation System:

a. There will three examinations which, along with Class Participation Points, will ordinarily be given the following weight in calculating the final grade for the course:

(1) First Examination --- 125 points

(2) Second Examination --- 125 points

(3) Final Examination --- 125 points

(4) Class Participation and Assignment Points --- 125 points

TOTAL --- 500 points

b. The final letter grade in the course will be based upon the percentage of total available points received, as follows:

A - 90-100%

B - 80-89%

C - 70-79%

D - 60-69%

F - 0-59%

c. One make-up OR re-take of a midterm exam only, will be allowed in the course. Make-up and re-take exams will be taken at the testing center located on the Rio Grande Campus during their regularly scheduled hours no more that two weeks after the date of the exam. Students should consult with the instructor to be assured there are sufficient exams on hand in the testing center. Re-take exams will be averaged with the original exam; however, the recorded score will not exceed 75%. Extra credit may be allowed at the discretion of the instructor. One wishing to earn extra credit must consult with the instructor before undertaking any such activity. All extra credit must be submitted on time.

VIII. Course Policies:

Roll will be taken and important announcements will be made at the beginning of each class period.
Classes will start promptly at the assigned times. It is the responsibility of the tardy student to inform the Instructor immediately after class that the student was present and to request the Instructor to change the roll to mark the student "Present, but Tardy"; otherwise, being tardy will be recorded as an absence. It is also the responsibility of the tardy or absent student to find out from other students or the Instructor about any announcements or assignments which may have been made by the Instructor in your absence. The Instructor has no responsibility in this regard.

The importance of being prepared on the assigned material for each and every class period cannot be overemphasized. Each student is expected to have read and studied all of the material assigned for a particular period prior to coming to class, to have all written work complete, to be prepared to answer questions on the material when called upon by the Instructor, and to otherwise participate in class discussions..

A student should keep in mind that the material in the Course is very technical, and in preparing for class the student should:

(1) Read over the entire assignment quickly, from beginning to end, without really attempting to learn or to understand it.

(2) Read the material over more slowly, from beginning to end, attempting to comprehend all that is said, but without particularly trying to remember everything and without attempting to puzzle out all of the matters or items that still do not make complete sense to you.

(3) Study the material carefully, from beginning to end, working out everything that still seems puzzling to you, and committing all of the important aspects to memory.

(4) Ask questions in class or discuss with the Instructor any points that are still not understood after doing all of the above steps.

(5) Preferably, the stages outlined above should occur at different times, thus allowing time to assimilate the material before going over it again. Even a short break, getting one's mind off on an entirely different subject, might be extremely helpful in this regard.

All students will be called upon a number of times during the Course, and each student called upon will be evaluated based upon each response given. In this manner, the Instructor will be seeking to determine if the student has prepared for class, understands the material, and whether or not the student can express himself or herself adequately to explain the material to the Instructor and other members of the class. Student responses will be taken into account in arriving at the student's Class Participation Points. During each class, the instructor will be evaluating the quality of the student’s responses. At the end of the semester, the student will be given either an “A,” “B,” or “C” as a preliminary class participation grade.

Two absences will be allowed. Additional absences will result in loss of Class Participation Points. Excessive absences could eventually result in the student being dropped from the Class. Do not, however, assume that absences will automatically result in a withdrawal from enrollment. Excessive absences may simply result in a letter grade of "F" at the end of the Course. If you miss more classes than are permitted, and do not wish to be dropped, talk to the Instructor.

Excessive absences may eventually result in the student being withdrawn from the course. Do not, however, assume that absences will automatically result in a withdrawal. Excessive absences may simply result in a letter grade "F" at the end of the course. If the student wishes to withdraw from the course, the student must go to an Admissions Office and fill out a Withdrawal Form.

An “Incomplete” will not be granted in this course unless the student has a grade of “C” or better on the first two exams, and a demonstrable emergency.

Acts prohibited by the college for which discipline may be administered include scholastic dishonesty, including but not limited to cheating on an exam or quiz, plagiarizing, and unauthorized collaboration with another in preparing outside work. Academic work submitted by students shall be the result of their thought, research or self-expression. Academic work is defined as, but not limited to tests, quizzes, whether taken electronically or on paper; projects, either individual or group, classroom presentation, and homework.

Each student is expected to participate in class. In any classroom situation that includes discussion and critical thinking, there are bound to be differing viewpoints. Students may not only disagree with each other on occasion, but the students and instructor may also find that they have disparate views. It is expected that these differences will enhance the class and create an atmosphere where students and instructor alike will be encouraged to think and learn. Accordingly, rest assured that no student’s grade will be adversely affected by any beliefs or ideas expressed in class.

In the event, a student acts in such a way as to significantly interfere with or disrupt the learning atmosphere of the classroom, the instructor may direct the student to leave the class and may take other measures as appropriate. See the ACC Student Handbook either in hardcopy or on the web: http://www3.austin.cc.tx.us/evpcss/handbk/toc.htm

Each ACC campus offers support services for students with documented physical or psychological disabilities. Students with disabilities must request reasonable accommodations through the Office for Student with Disabilities on the campus where they expect to take the majority of their classes. Students are encouraged to do this three weeks before the start of the semester.

(1) The scheduled exams are listed on the Course Syllabus. The schedule may be changed if necessary.

(2) These are closed book examinations. Ordinarily the answers are to be written on the pages of the Test Questions provided by the Instructor. Write your name on the first page of the Test Questions. Read all instructions carefully before you begin work.

(3) Any student more than 15 minutes late may not be permitted to take a Test at the scheduled time. It is to the student's advantage to take all exams at the regularly scheduled times, since some or all extra credit questions may be omitted on make-up exams.

(4) At the end of the allotted testing time, all students are expected to stop work and pass in their papers promptly. Points will be graded off if this is not done. Announcements of time remaining will be made a various points during the exam. All pages of the Test Questions are to be turned in.

(5) At a Class meeting following each exam (except the final exam) there will be a reasonable time set aside to review the test materials. Anyone who has not taken the exam by that class period will be excluded from the room during such discussion or may be denied the right to take that exam and will receive a "zero" for that exam. No retake will be permitted under these circumstances.

The Course Calendar is a separate document that you will have received along with this syllabus.

Students in this Course will be expected to use or achieve the following Competencies:

1.l. Allocates Time: Allocates time between coursework, work, family, and friends.

2.1. Participates as a Member of a Team: Works cooperatively with others on joint assignments.

2.6. Works with Cultural Diversity: Works well with men and women and with a variety of ethnic, social, or educational backgrounds in the context of the class...

3.1. Acquires and Evaluates Information: Extracts crucial legal issues from court cases.

3.2. Organizes and Maintains Information: Takes notes on assigned material for use in class.

3.3. Interprets and Communicates Information: Evaluates assigned material and explains it to the class.

3.4. Uses Computers to Process Information: Employs computers to process course notes and to obtain, analyze and brief court cases.

5.2. Applies Technology to Task: Understands the overall intent and the proper procedures for setting up and using computers and their programs.

6.1. Reading: Locates, understands, and interprets written information in the text and assigned court cases.

6.2. Writing: Communicates thoughts, ideas, information, and messages effectively in writing.

6.5. Listening: Receives, attends to, interprets, and responds to verbal messages during class lectures and discussions.

6.6. Speaking: Organizes ideas and effectively communicates thoughts when being questioned in class and during class discussions.

7.1. Creative Thinking: Uses imagination freely, combines ideas in new ways, when discussing hypothetical problems...

7.2. Decision Making: Chooses the best alternative in multiple choice questions.

7.3. Problem Solving: Recognizes that problems in hypothetical situations and identifies possible solutions.

7.5. Knowing How to Learn: Finds the important information in class discussions and texts and consolidates the information into a useable format.

7.6. Reasoning: Identifies the crucial issue in a court case and recognizes the potential application of the rule in the case to other cases with similar facts and circumstances.

8.1. Responsibility. Exerts a high level of effort and perseverance in effectively preparing for class and class discussions.

8.4. Self-Management: Motivates self through goal achievement; exhibits self-control and responds to feedback unemotionally and non-defensively, is a "self-starter."

8.5. Integrity/Honesty: Can be trusted to accomplish her/his own work without excessive involvement of other students.

Upon completion of each segment of the Course, you should be able to achieve the following learning outcomes:

(The phrase Know and be able to discuss includes being able to recognize an example of the topic and being able to apply the concept.)

1. Know and be able to discuss historical notions concerning the ownership and disposition of one's property upon death.

2. Know and be able to discuss the development of law relating to disposition of one's property both under the common law in England and the civil law.

3. Know and be able to discuss the pros and cons of governmental involvement and intervention into the disposition of property upon one's death.

4. Know and be able to discuss whether the freedom to dispose of one's property is a natural right, and if not, what it is.

5. Know and be able to discuss what is meant by relational degrees of consanguinity?

6. Know be able to discuss, recognize and apply the different methods of determining the relational degrees of consanguinity.

7. Know and be able to discuss what is meant by the doctrine of representation and when it is applicable.

8. Know and be able to discuss, identify and apply the concept of representation per stirpes.

9. Know and be able to discuss, identify and apply the concept of representation per capita.

11. Know and be able to define all of the terms contained on the Handout entitled "Glossary” that have been discussed at the time of this test.

12. Know and be able to apply the majority, minority and Texas rules of descent and distribution, in general.

13. Know and be able to apply the majority, minority and Texas rules relating to order of preference of those who may be equally related to the deceased.

14. Know and be able to apply the doctrines of escheat and renunciation as used in this course.

15. Know and be able to apply the rules applicable to distributions to half-bloods, illegitimate children and adopted children.

16. Know and be able to apply the rules relating to the concept of advancement.

17. Know and be able to apply the law dealing with qualifications on the right to inherit.

(The phrase Know and be able to discuss includes being able to recognize an example of the topic and being able to apply the concept.)

1. Know and be able to discuss the two kinds of fraud involved in challenging the validity of a will.

2. Know and be able to discuss “undue influence” in the context of challenging the validity of a will.

3. Know and be able to distinguish between the two kinds of ademption (by “satisfaction” and by “extinction”).

4. Know and be able to discuss the nature of and the differences in the consequences when a beneficiary dies before the will is executed, and when a beneficiary dies after the will is executed and before the death of the testator, in terms of the validity of the gift.

5. Know and be able to recognize and discuss the differences (and similarities) in “ademption by satisfaction” and “advancement”.

6. Know and be able to discuss what is meant by the lapsing of a gift, the circumstances under which a gift will lapse.

7. Know and be able to discuss which gifts which would ordinarily be subject to lapse are saved by the anti-lapse statute.

8. Know what is meant by the term ambulatory and be able to recognize that characteristic of a will.

9. Know and be able to define all of the terms contained on the Handout entitled "Glossary” that have been discussed at the time of this test.

10. Know and be able to discuss the requirements for a valid will in Texas, as related to the formalities of execution required by the Probate Code.

11. Know and be able to state the definition of “sound mind”, as used throughout English Common Law jurisdictions.

12. Know and be able to describe a valid “holographic will” as that term is generally defined.

14. Know and be able to state the age requirements, and exceptions to the age requirements, to

15. Know the situations in which a gift to a subscribing witness may be valid, and the situations in which the gift is invalid.

16. Know and be able to describe the differences and similarities in rules relating to “Joint Wills”, and contracts to make a will; including how to identify same and what is required for validity.

17. Know and describe what is meant by “integration” and “incorporation by reference” when used to determine what is and what is not to be considered to be a part of a will.

18. Know and be able to discuss what is meant by the phrase: “a will is ambulatory”

19. Know and be able to discuss “abatement” and the priorities involved in applying the concept of “abatement”.

21. Know and be able to discuss differences in the consequences of adding something to a will as he result of a mistake and the consequences of leaving something out of the will by mistake.

26. Know and be able to discuss in general the methods by which a trust can be created.

27. Know and be able to name the five things which must be in every trust (from lecture).

28. Know and be able to discuss the one essential element that must be in every trust.

29. Know and be able to name “precatory” words which do not indicate an intent to create a trust.

30. Be able to distinguish between a trust and such things as bailments, agency debts, mortgages, third party beneficiary contracts, creditors, executorships and administratorships.

32. Know and be able to discuss why an insurance trust (one created in an insurance policy) does not have to conform to the Statute of Wills.

33. Know and be able to discuss any and all Statutes of Fraud that affect the validity of a trust.

34. Know and be able to discuss the miscellaneous rules of construction found in the text.

35. Know and be able to discuss what is involved in the doctrine of dependent relative revocation.

36. Know and be able to discuss what is meant by the term “republication”, as used with respect to a will.

(The phrase Know and be able to discuss includes being able to recognize an example of the topic and being able to apply the concept.)

9. Know and be able to discuss the rights of the representative of the estate of a decedent.

11. Know and be able to describe what is known as the common trust fund doctrine

12. Know and be able to discuss the statute of frauds (primarily as it relates to trusts involving real property as it relates to trusts, which is located in the Texas Trust Code.

13. Know and be able to discuss circumstances under which a trust terminates, with or without the consent of settlor, trustee, or beneficiaries.

14. Know which “trusts” are subject to the provisions of the Texas Trust Code.

16. Know and be able to discuss the similarities of and the differences between a private trust and a charitable trust.

17. Know and be able to discuss and distinguish between the doctrine of deviation and the doctrine of cy-pres.

18. Know and be able to discuss the Statute of Charitable Uses and how it differs in effect from

21. Know and be able to discuss the Prudent-Person Rule and the context in which the rule is applied.

22. Know and be able to discuss the consequences if a trust contains both charitable and non-charitable provisions.

23. Know the court or courts which have general jurisdiction over probate matters.

24. Know the constitutional jurisdiction of the District court in matters related to executors, administrators and guardians.

25. Know generally trends toward extending the jurisdiction and control of all matters “appertaining to estates” and matters “incident to an estate” as well as matters relating to executors, administrators and guardians.

26. Know and be able to discuss the characteristics of and to distinguish between a “residence” and a “domicile”.

33. Know what is included in the Inventory, Appraisement and List of Claims which is required to be filed under the Probate Code.

34. Know and be able to discuss the scope of the Probate Code as it relates to the authority of an Executor to carry out the day to day administration of an estate.

35. Know and be able to discuss the basic steps in obtaining permission of an Administrator to act during the administration of an estate.

36. Know and be able to discuss in general how a claim is made against an estate which is subject to the provisions of the Probate Court and the steps necessary to make certain a claim is perfected.

38. Know and be able to distinguish between a spendthrift trust, a discretionary trust, and a support trust.

39. Know and be able to discuss the Rule against Perpetuities, the Doctrine of Worthier Title and the Rule in Shelley’s Case.