Course Syllabus

Course PLS66, Wills, Trusts & Estate Planning
Section 0706 - Course Syllabus

Course Description

This course is designed to acquaint the paralegal with the formal requirements and legal principles involved in will, trust and estate law, including drafting techniques.

Prerequisites/Corequisites:
Course Completion of PLS 50 and PLS 51

Topics and Scope

(Note: While This Outline Addresses Most of the Topics Covered by the Course, the Order of Coverage will Allign with the Textbook) 

I. Introduction and Overview
    A. Terminology
         1. Wills
         2. Trusts
         3. General terms
    B. Determination of Applicable Law
         1. Ownership and marital rights
         2. Real versus personal property
 
II. Descent and Distribution
    A. Reasons most individuals die intestate
    B. Historical development of descent and distribution
    C. Surviving Spouse
         1. Protection-real and personal property
         2. Community property jurisdictions
    D. Descendants
         1. Basic procedure for determining shares of descendants
         2. Per stirpes (right of representation)
         3. Per capita with each generation
         4. Per capita with representation
    E. Ancestors and collaterals
 
III.Treatment of Certain Categories or Potential Heirs
    A. Posthumous or afterborn heirs
    B. Adopted individuals
         1. Inheritance rights of adopted children, adoptive parents, and biological parents
         2. Adult adoption
    C. Non-marital children
    D. Stepchildren      
    E. Non-United States citizens
    F. Unworthy heirs
         1. Forfeiture
         2. Civil death
         3. Suicide
         4. Adultery
         5. Abuse
    G. Non-marital partners
 
IV. Other Intestate Succession Issues
    A. Ancestral property
    B. Survival
    C. Disclaimers
    D. Equitable conversion
    E. Heir designation
 
V. Wills
    A. Legal capacity
    B. Testamentary capacity
         1. Elements
         2. Temporal nature
         3. Aging process
         4. Questionable capacity
         5. Demonstrating lack of capacity
         6. Testamentary intent
    C. Formalities
         1. Attested wills
         2. Holographic wills
         3. Nuncupative wills
         4. Soldier's and seamen's wills
         5. Statutory wills
    D. Changing circumstance after will execution
         1. Property-real and personal
         2. Persons
              a. Age
              b. Mental condition
              c. Marriage
              d. Divorce
              e. Death of beneficiary
    E. Will revocation
         1. By operation of law
         2. By physical act
         3. By subsequent writing
         4. Presumptions
         5. Revival
         6. Conditional revocation
    F. Will interpretation and construction
         1. Ambiguity, integration and incorporation by reference
         2. Pour over provisions
         3. Class gifts
    G. Will contests
         1. Satisfaction of requirements
         2. Insane delusions
         3. Undue influence
         4. Duress, mistake, and fraud
         5. Remedies
         6. Preventing will contests
         7. Other will issues
 
VI. Estate Administration
    A. Application
    B. Notification and filing
    C. Appointment of representatives
    D. Collection of assets
    E. Protection of property from creditors
    F. Reports and accountings
    G. Distribution and closing estate
 
VII. Nonprobate Transfers
    A. Reasons  for use
         1. Non-estate planning benefits
         2. Minimize taxes
         3. Isolate from contest
         4.Retain flexibility
         5.Increase understandability
    B. Inter Vivos transfers
         1. Outright gifts
         2. Gifts in trust
         3. Transfers of future interests
         4.  Powers of appointment
         5.  Transfers to minors
    C.   Co-ownership pf property
    D.   Multiple party accounts
    E.    Contracts
 
VIII. Trusts
     A. Introduction to trusts
         1. Overview
         2. Terminology
         3. Purpose and uses of trusts
         4. Warning about Inter Vivos Trust overpromotion
    B. Trust creation
         1. Intent
         2. Methods of trust creation
         3. The settlor
         4. Statute of frauds
         5. Trust purposes
         6. Trust property
         7. The trustee
         8. The beneficiary
         9. Charitable trusts
    C. Trust administration
         1. Overview
         2. Trust investments and standard of care
         3. Trustee powers
         4. Trust distributions
         5.  Duty of loyalty
         6.  Liability of trustee to third parties
         7.  Allocation of receipts and expenses
         8.  Accountings and compensation
         9. Trust termination
    D. Trust enforcement
         1.  Procedural matters
         2.  Remedies against the trustee
         3.  Remedies involving trust property
         4.  Remedies against the beneficiary
         5.  Causes of action against third parties
         6.  Barring of remedies
 
IX.   Other Estate Planning Concerns
    A. Wealth transfer taxation
         1. Federal gift and estate tax
         2. Marital deduction and bypass planning
         3. Charitable deduction
         4. Generation-skipping transfer tax
         5. State wealth transfer taxation
    B. Disability and death planning
         1. Property management
         2. Health care
         3. The death event
    C. Malpractice and professional responsibility
         1. Professional negligence
         2. Ethical concerns
         3. Ethical obligations of legal assistants
         4. Appropriate tasks for legal assistants

Student Learning Outcomes

Outcomes and Objectives:
Upon completion of the course, students will be able to:

Upon completion of the course, students will be able to:
1.  Draft simple wills, trusts and estate plans.
2.  Perform accurate analysis of existing wills, trusts and estate plans.
3.  Recommend appropriate changes in language and terms and implement those changes accurately.
4.  Apply appropriate ethical standards in trust administration.

Class Meetings

All material and activities for the class are offered asynchronously, meaning students can access them at anytime. Note that the course is designed as a strictly online course and will not include weekly Zoom meetings or in person lectures. Each Monday by 5pm a new course module will be posted. You will have until the following Sunday night at midnight to complete assignments for each module. If you have any questions about the class assignments or would like to arrange a phone call to discuss your progress or questions about the assignments, please feel free to contact me. It is also possible to set up a Zoom session for one on one feedback. 

Instructor Contact Information 

Laura Pedicini

Email: lpedicini@santarosa.edu 

Phone: (209) 968-6060

Office Hours: To Be Arranged. (No set weekly office hours; please email me to arrange a phone call or Zoom session.)

I typically respond to emails within 24 hours on weekdays and 48 hours on weekends and holidays.

Course Web Site

Students will use the Canvas course web site for assignment instructions, submitting assignments, viewing classmate's work, sharing resources, and viewing grades.

Textbook

Wills, Trusts and Estates for Paralegals - Diana L. Anderson, Aspen College Series; ISBN 978-1-4548-3302-4

You can locate and order textbooks online via the SRJC Bookstore. Note that if you want to pick your books up in Petaluma, you need to order them from the Petaluma Bookstore website.

Required Software

You will need the following software for this course: 

In addition to the textbook, we will be accessing online resources and case law. A Lexis subscription, if assigned through another class and active, will be helpful but is NOT necessary. A reliable Internet source is mandatory. 

Important Dates

Day Class Begins: August 15, 2022

Day Class Ends:  December 9, 2022 

Last Day to Add without instructor's approval: August 21, 2022

Last Day to Add with instructor's approval:  September 4, 2022

Last Day to Drop without a 'W' symbol: September 4, 2022   

Last Day to Drop with a 'W' symbol: November 13, 2022

Dropping the Class

If you decide to discontinue this course, it is your responsibility to officially drop it to avoid getting no refund (after 10% of course length), a W symbol (after 20%), or a grade (after 60%). Also, for several consecutive, unexplained absences, the instructor may drop a student.

Instructor Announcements and Q&A Forum

The instructor will post announcements on the “Instructor Announcements” page in Canvas throughout the semester. Since important, time sensitive information will be regularly conveyed through class announcements, please ensure that you are set up to receive class announcements. Canvas notifies students according to their preferred Notification Preferences as soon as the instructor creates an Announcement. A “Q&A Forum” is also on Canvas to ask for assistance of your classmates or of instructor.

Attendance

Students who do not log-in to an online class after the second day of the semester will be dropped from the class. It is strongly advised that if you need to miss more than one class/homework deadline in a row that you contact me to avoid being dropped from the class.

Late Policy

A new module will post each Monday by 5pm.  All assignments are due the following Sunday at midnight. A late submission will receive a 20% penalty. Submissions more than one week late are not accepted without prior arrangement. Late work will not be graded unless the student sends the instructor an email explaining the reason for the late assignment. 

Quizzes and Exams

There will be occasional quizzes and a final exam. The material comes from the textbook, class lectures and supplemental materials. Typically, my quizzes and exams are open book, meaning you can access any of the material used in the class while you are taking the quiz or exam. If any quiz or exam is missed, a zero will be recorded as the score. It is your responsibility to take the assigned online quiz or exam by the due date.

Grading Policy

Visit the “Grades” in Canvas to keep track of your grades. 

Grades will be assigned as follows:

A

90%

90 points or more

B

80%

80 to 89 points

C

70%

70 to 79 points

D

60%

60 to 69 points

Standards of Conduct

Students who register in SRJC classes are required to abide by the SRJC Student Conduct Standards. Violation of the Standards is basis for referral to the Vice President of Student Services or dismissal from class or from the College. See the Student Code of Conduct page.

Collaborating on or copying of tests or homework in whole or in part will be considered an act of academic dishonesty and result in a grade of 0 for that test or assignment. I encourage students to share information and ideas, but not their work. See these links on Plagiarism:
SRJC Writing Center Lessons on avoiding plagiarism
SRJC's policy on Academic Integrity

Other Important Policies and Practices

Avoid Plagiarism Like the, er, Plague

Although most students have likely heard about plagiarism during their years of schooling, it still is prevalent-even in higher education.

The video below reviews what plagiarism is and how not to do it.

Plagiarism: How to avoid it

Netiquette, or Why Is It Harder to Be Polite Online?

Netiquette refers to using common courtesy in online communication. All members of the class are expected to follow netiquette in all course communications. Use these guidelines:

  • Use capital letters sparingly. THEY LOOK LIKE SHOUTING.
  • Forward emails only with a writer's permission.
  • Be considerate of others' feelings and use language carefully.
  • Cite all quotations, references, and sources (otherwise, it is plagiarism).
  • Use humor carefully. It is hard to "read" tone; sometimes humor can be misread as criticism or personal attack. Feel free to use emoticons like :) for a smiley face to let others know you are being humorous.
  • Use complete sentences and standard English grammar to compose posts. Write in proper paragraphs. Review work before submitting it.
  • Text speak, such as "ur" for "your" or "ru" for "are you" etc., is only acceptable when texting.

Special Needs

Students with disabilities who believe they need accommodations in this class are encouraged to contact Disability Resources (527-4278), as soon as possible to better ensure such accommodations are implemented in a timely fashion.