Frederick Community College

LA210-Estates and Probate        

Summer 2009

 

Instructor Information:

 

Name:   Dr. Tracy R. Parker

Office:   B200

E-mail:  tparker@frederick.edu

Phone Number: 301-624-2819

Office Hours: Wednesdays: 8:30-11:30am

Campus Mail Box Number: 106

                                     

Course Information:

 

Credits: 3

Last Day to Drop: July 28, 2009

Prerequisites: LA100

Co-requisites:

Meeting Day(s): Online

Meeting Time(s): Online

 

Course Description:

         

Covers basic legal concepts and fundamental concepts of law as applied to the more common forms of wills, trust, and intestacy, as well as organization and jurisdiction of the probate court.

 

 

Core Learning Outcomes:

 

By the completion of the course students will:

1.    Demonstrate a basic understanding of the state statues as they relate to wills, trust and estate administration

2.    Define related legal terminology and be able to uses the terminology in preparation of documents

3.    Describe the transfer of property at death

4.    Prepare a simple will and simple trust

5.    Identify various forms of trusts and their role in estate planning

6.    Summarize the Federal Estates and Gift Taxes

 

 

Instructional Methods:

 

Field Activities

Discussion

Drafting Project

Text

                                                                                                                            

 

Text(s) for Course:

 

4th edition of Helewitz, Basic Wills, Trusts and Estates for Paralegals

 

 

 

Evaluation Methods:  <The following sample is provided for instructor’s convenience.>

 

Tests / Papers / Projects

Point Value

Final Grade Scale

 

Mid-Term Exam

100 points

A=90-100%

Final Exam

100 points

B=80-89%

Drafting Assignment

100 points

C=70-79%

D=60-69%

 

 

F=59% or below

                                     

 

Progress Report:   <Instructors:  students should  receive some  form of written assessment of their progress in the  course no later than the third week of the course.>

 

 

Attendance Policy:   <required>

Pursuant to FCC's attendance/deadline policy, you are expected to meet all deadlines, except in case of emergency, religious holidays and/or participation in official college functions.  In this course you will have at least one week to complete all graded work.  Consequently, all deadlines must be strictly followed.  It is in the instructor’s discretion whether you qualify for an exception based on the above attendance/deadline policy.  For consideration, the instructor requires prompt notification and documentation.

 

Students with Disabilities:

FCC provides reasonable accommodations to otherwise qualified students with disabilities in accordance with the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) and amendments.  Students with disabilities who are in need of accommodations must contact the Services for Students with Disabilities (SSD) office at 301-846-2408 (A Building, Room 106A) in order to request and apply for services.  The SSD office will require appropriate documentation of a disability.  Questions related to accommodations or services can be directed to the SSD office.  Additional information related to services can be viewed at the following FCC web page:  http://www.frederick.edu/student_services/disability.aspx.  
If you currently receive services from the SSD office, please submit your Student Success Plan to me and make an appointment with me to discuss your accommodations and needs in class.  I will hold any information you share with me in strict confidence unless you give me permission to do otherwise.

 

 

TOPICAL OUTLINE

 

Class

  

Subject

Content

Week #1

 

Introduction to Estate Planning

Ch. 1:  Estate Planning and Strategies; Gifts, Title Transfers, Trusts, Life Insurance, Wills; How to Make an Effective Estate Plan; Estate Administration

 

 

Sources of Property

Ch. 2:  Real Property; Concurrent Ownership (Tenancy in Common, Joint Tenancy, Tenancy by the Entirety, Community Property, Tenancy in Partnership); Life Estates; Leaseholds, Other Interest in Real Property; Mortgage Easements; Liens; Personal Property; General Intangibles, Intellectual Property, Claims and Benefits

 

 

The Laws of Succession

Ch. 3:  Intestate Succession Defined; How Intestate Succession Works; Intestate Administration; The Effect of Laws of Succession

Week #2

 

Mid-Term

Covers material to date

 

 

Trusts

Ch. 4:  Trust Requirements; Types of Trusts; Creation of the Trust

 

 

Trusts

Ch. 4:  Restrictions on Trusts; Termination of Trusts; Tax Considerations

 

 

 

 

Week #3

 

Wills

Ch. 5: Will Requirements; Testamentary Capacity; Will Provisions; Preparation for Drafting a Will

 

 

Wills

Ch. 5:  Executing a Will; Changing the Will; Will Contests; Accompanying Documents

 

 

Drafting Assignment

Instructions in Assignment Folder

 

 

 

 

Week #4

 

Estate Administration

Ch. 7:  The Pre-probate Process (Death Certificate; Petitions (Open Safe Deposit Box, Search, Guardian ad Litem, Family Allowance, Interim Letters);  Probate Administration; Estate Administration

 

 

Estate Planning for the Elderly

Chapter 6:  Health Care and the Elderly; Guardianship; Income Maintance

 

 

Taxation

Ch. 8:  Federal Tax Law

 

 

Comparison of Maryland Law to Different Jurisdictions

Ch. 8:  Overview; Review the laws of Maryland and Neighboring Jurisdictions

 

Week #5

 

Final Exam (includes field assignment)

Covers material to date