Description:

Upon successful completion of this course, the student should be able to draft a will with testamentary powers. The use of trusts, probate procedures, techniques for fact gathering and mastery of estate tax principles are emphasized in this course. 3 hrs. lecture/wk.

Supplies: Refer to the instructor’s course syllabus for details about any supplies that may be required.

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Explain the purpose and need for a will.
2. Discuss the concept of property relating to wills, trusts, and estate administration.
3. Identify the participants and forum used in estate administration.
4. Outline the law of succession and its relationship to dying with or without a will.
5. Summarize the various factors involved in the preparation of a will, including validity requirements, modification, revocation and potential will contests.
6. Prepare for the drafting of a will.
7. Draft a will that meets legal requirements for execution.
8. Explain basic concepts relating to trusts.
9. Classify various types of trusts, including the living trust and other special trusts.
10. Explain the fundamental concepts of estate planning.
11. Describe estate administration procedures.
12. Explain alternative forms of probate administration.
13. Discuss the use of guardians and conservators.
14. Identify ethical principles relevant to wills, trusts and probate administration.

Content Outline & Competencies:

I. The Purpose and Need for a Will
   A. Understand and explain why most people die without a will.
   B. Begin to identify basic terminology of wills and trusts.
   C. Recognize the function and purpose of wills.
   D. Differentiate between testate and intestate procedures and
outcomes.
   E. Recognize the persons involved with wills and trusts.
   F. Identify situations where a person may not need a will.

II. The Concept of Property Relating to Wills, Trusts and Estate
Administration
   A. Identify the various kinds of property.
   B. Recognize and understand the terminology associated with property
law.
   C. Distinguish the various forms of property ownership.
   D. Understand legal precedents with respect to joint tenancies.
   E. Differentiate between community property and other forms of property
ownership.
   F. Explain the different types of real property estates.

III. Participants and Forum Used in Estate Administration
   A. Identify the participants essential for drafting wills and trusts
and for estate administration.
   B. Identify the proper court that supervises estate administration.
   C. Explain jurisdictional requirements.
   D. Determine the proper venue to commence probate proceedings.
   E. Recognize the necessity to commence ancillary administration.
   
IV. The Law of Succession and Its Relationship to Dying With or Without a
Will
   A. Use basic terms associated with testacy and intestacy.
   B. Explain different terminology used for transfer of property by will
or trust.
   C. Recognize and identify lineal and collateral relationships in
conjunction with property inheritance.
   D. Interpret state intestate succession statutes.
   E. Differentiate between consanguinity and affinity relationships.
   F. Differentiate between per stirpes and per capita.
   G. Explain the right of a state to take property where there are no
legal heirs.

V. Factors Involved in the Preparation of a Will,  Including Validity
Requirements, Modification, Revocation and Will Contests
   A. Use terminology associated with the validity, modification and
revocation of wills.
   B. Recognize the formal requirements for a valid will and verify that a
client’s will has satisfied them.
   C. Interpret statutes for applications to wills.
   D. Understand the legal requirements for modifying an existing will.

VI. Preparation for Drafting of a Will
   A. Collect and assimilate relevant facts needed for the preparation of
a draft of a will.
   B. Identify legal requirements for a valid will.
   C. Develop checklists to obtain information necessary for a draft of a
will.
   D. Validate information.

VII. Drafting a Will That Meets Legal Requirements for Execution
   A. Identify and understand terminology used in preparing a will.
   B. Analyze collected data.
   C. Apply state statutes affecting the valid construction of a will.
   D. Draft a preliminary will.
   E. Explain the purpose and function of a self-proving affidavit, living
will, health care proxy and durable power of attorney.

VIII. Basic Concepts Relating to Trusts
   A. Understand basic terminology of trusts.
   B. Identify and define essential elements of trusts.
   C. Identify participants in the creation and operation of trusts.
   D. Explain trust terminations.

IX. Classification of Trusts, the Living Trust  and Other Special Trusts
   A. Identify and define the classes of trusts.
   B. Explain the uses and functions of various kinds of trusts.
   C. Explain the formation, use, advantages and disadvantages of living
revocable and irrevocable trusts.
   D. Identify and explain the function of Totten,  spendthrift and
sprinkling trusts and a pour-over will.
   E. Prepare preliminary drafts of private express trusts including
living trusts.
   F. Identify common errors in the initial draft of a trust.

X. Fundamental Concepts of Estate Planning
   A. Explain the need for and purpose of an estate plan and the
procedures used to create it.
   B. Understand the adverse factors that diminish an estate’s value and
how to minimize them.
   C. Utilize will and trusts concepts in creating an estate plan.
   D. Identify and incorporate into an estate plan tax-saving methods to
reduce or eliminate federal and/or state death taxes.

XI. Estate Administration Procedures
   A. Identify and define the various types of personal representatives
involved in the administration of decedents' estates.
   B. Understand the procedures for appointing the personal representative
in formal probate proceedings.
   C. Explain the basic functions performed by the personal representative
in preparing for probate administration.
   D. Assist the personal representative and attorney in performing
required duties of estate administration.

XII. Alternative Forms of Probate Administration
   A. Explain the distinction between probate proceedings and estate
administration.
   B. Identify and explain alternative procedures to probate and estate
administration.
   C. Distinguish traditional forms of probate and estate administration
from alternative procedures.

XIII. The Use of Guardians and Conservators
   A. Explain the use of a guardian and/or conservator for minors or
disabled persons in probate proceedings.
   B. Identify non-probate alternatives.
   C. Discuss various situations where the use of a guardian and/or
conservator would be appropriate.
   
XIV. Ethical Principles Relevant to Wills, Trusts and Probate
Administration
   A. Identify legal ethical requirements applicable to the field of
wills, trusts and estate administration.
   B. Understand the types of legal tasks that would constitute the
unauthorized practice of law.
   C. Identify specific rules and options adopted and enforced by the
state supreme court.

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of four examinations 60% of grade
A minimum of five applications & assignments 40% of grade
  Total 100%

   90%+ = A
   80%  = B
   70%  = C
   60%  = D
   Below 60% = F

Caveats: NONE

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.