Wills, Trusts, and Probate Admin

SYLLABUS PLA 2600 WILLS, TRUSTS, AND PROBATE ADMIN. Spring 2009 INSTRUCTOR: Barry Puett ROOM AND TIME: Room 18-201BC/835VC MW 9:30 OFFICE: 9-107BC PHONE: office: 752-5656 Home: 708-9099 or Building 18-201 email: [email protected] Office Hours: MW11:00-2:00

TEXT: Wills, Trusts, and Estate Administration for the Paralegal, by Hower Florida Rules of Court—West Publishing

OVERVIEW: This course is designed to offer the legal assistant trainee a general understanding of the techniques and procedures involved in the preparation of wills and trusts, estate planning, income, gift and inheritance taxes, probating of estates and estate accounting.

PERFORMANCE STANDARDS

The student, at the successful completion of this course, should be able to: 1. Define a variety of legal terms. 2. List and discuss the basic rules of ethics in the legal profession. 3. Define a variety of terms associated with wills, trusts, and probate administration. 4. Define a variety of legal concepts. 5. Explain the purpose of a will, and how to prove a will. 6. Explain the requirements of, and draft, a simple will, in accordance with Florida Statutes. 7. Explain the requirements of, and draft, a codicil, in accordance with Florida Statutes. 8. Define a simple Inter Vivos, and a Testamentary trust. 9. Prepare a simple estate tax return. 10. Explain the procedures of probate in general and in detail in accordance with Florida Statutes. 11. Discuss the tax consequences of marriage, divorce, death and business organizations.

GRADING: Will be based on the exams. I will make individual and group assignments as we progress through the material. You will be informed of their grade weight when I give each assignment to you.

EXAMS AND ASSIGNMENTS: You will be given objective, study guide type exams during the semester which will be graded. Those grades will be averaged at the end. You will also receive numerous practical assignments and lab (computer) assignments. All need to be completed as if you were working for an attorney. They will also be graded, and those grades averaged separately. Your final grade will consist of the average between the two components, objective tests and practical assignments.

ALL MAKE-UP EXAMS AND ASSIGNMENTS MUST BE COMPLETED WITHIN TWO WEEKS OF THE DUE DATE TO RECEIVE CREDIT.

In this course the most important ASSIGNMENTS will be for you to read the assigned material PRIOR to class. As you read, highlight or underline key phrases, buzz words and elements described in the substantive law we are studying that day. As a part of this course you will learn to draft legal documents related to wills, trusts and probate. Computer lab activities and drafting assignments will be required.

“ IT’S A CINCH BY THE INCH, BY THE YARD, IT’S HARD”

MISSED EXAMS: You are all in professional training. In the Legal Profession there are no excuses for missed deadlines, failure to appear at hearings, lack of preparation or failure to read footnotes. In order to assist in this development I will decide whether an absence meets the requirements of excusable neglect as defined under Florida Law. This may require research into the question by the student so that they may effectively argue the point.

0da65eaf70da364c73fe8b4f8f112445.doc 1 ATTENDANCE: The rule of thumb is that if you miss the equivalent of two weeks of class, I can involuntarily withdraw you. If there is no explanation, I will. Excessive absences will directly affect your grade in the class.

PLAGIARISM: College academic policy and the honor code require that each student perform her or his own work. Any material used or quoted from other sources should be indicated. The failure to do so will result at least in a failing grade on the individual assignment, and could result in more serious penalties at the discretion of the instructor and the college.

ACADEMIC MISCONDUCT: Students are required to adhere to statements regarding student misconduct outlined in official Manatee Community College publications, including the Catalog and the Student Handbook. The minimal consequence of failure to adhere to these statements is withdrawal from the course.

WITHDRAWAL POLICY: A student may withdraw from any course without the academic penalty of an “F” grade by midpoint in the semester as listed in the Manatee Community College Calendar. A student in a mini-semester course may withdraw without the academic penalty of an “F” grade anytime before one half (50 percent) of the class meetings are concluded. MCC encourages the student to discuss the withdrawal with the instructor prior to withdrawing. Withdrawals after Wednesday, March 23, 2009, will be granted only if a student demonstrates major verifiable extenuating circumstances clearly beyond the student’s control. All such requests must be made directly to the Dean of Educational Services, who has the final approval/disapproval authority.

Effective Fall 1997, a student will be permitted a maximum of three attempts per course. An “attempt” is defined as registration in a class after the end of the registration period. Upon the third attempt, a student cannot be withdrawn and will receive a grade for that course. A student should take responsibility for initiating the withdrawal procedure. A change of registration form should be obtained from the Office of Educational Services (located in the Student Services Building on the Bradenton Campus and in the Administration Building on the South Campus), completed by the student, signed by the instructor and returned to the Office of Educational Services. If this procedure is not followed, a grade of “F” may be recorded for the student and calculated in the grade point average. Prior to midpoint, a faculty member has the prerogative to withdraw a student for excessive absences, excessive tardiness, academic misconduct any other similar reason approved by the appropriate Division Director. Such withdrawals prior to midpoint will be recorded as “W”. If an “F” is entered, it will be recorded on the permanent record and calculated as “F” in the grade point average. All withdrawal policy statements apply to part-time as well as full-time credit and load hour students.

Last day to withdraw with a “W” for Spring 2009: Wednesday, March 23, 2009

DEPARTMENT INFORMATION: Social & Behavioral Sciences Office: Building 9 Department Chair: Dr. Barry Puett [email protected] Office Phone: (941) 752-5314 or (941) 408-1300 ext. 65314

0da65eaf70da364c73fe8b4f8f112445.doc 2 CLASS SCHEDULE

In this course, we will often have two days of lecture and one day of lab each week. The lab will be a computer-related activity related to the reading:

We will proceed through the textbook in order, allocating lab time for each topic:

Estimated week Chapters and topics

1-2 Chapters 1- 3 Overview of Probate 3-6 Chapters 4 & 5 Intestate Succession - Wills 7-9 Chapters 6 & 7 Wills 10-12 Chapters 8 & 9 Trusts 13-15 Chapters 10 & 11 Estate Planning - Probate 16 Chapters 12 & 13 Probate - Ethics

0da65eaf70da364c73fe8b4f8f112445.doc 3