The eLearning Center for Gatlin Education Services

This course provides a theoretical and practical understanding of the laws of inheritance and estate planning. Students prepare a will and trust, and learn the procedure for probate. Estate planning, the role of the probate courts, and basic inheritance issues are explored and discussed.

Objectives:

• Distinguish the various ways of passing property after death
• Describe the purpose of the right of spousal election
• Recognize the fundamental components of a formal will
• Define the elements of a simple trust
• Differentiate the terminology of testate and intestate succession

Supplementary Course Documents:

• A Will or Not, There is a Way
• Basic Terminology, Part One
• A Typical Intestacy Scheme
• Basic Terminology, Part Two
• Will Basics, Part One
• The Purpose of a Will
• Property
• Forms of Property Ownership
• Estates in Real Property
• Spouse's Elective Share
• Will Basics, Part Two
• Basic Terminology, Part Three
• Death With A Will
• The Living Will
• Death Without A Will
• Degree of Relationship
• Divorce, Aboption, Ect.
• Various Protections
• Pros and Cons Of Having A Will
• Drafting The Will, Part One
• Drafting The Will, Part Two
• Will Contest
• Typical Will Provisions
• Self-Proving Affidavit
• "Trust" Me
• What Is A Trust?
• Purposes of Trusts
• Formal Requirements
• Legal Restrictions
• Fiduciary
• Trustee
• Liabilities
• The Beneficiary
• Nature of the Interest
• Property
• Termination
• Public Trust v. Private Trust
• Express Trusts
• Implied Trusts
• Spendthrift Trust
• Totten Trust
• Sprinkling Trust
• Case: Kroll v. Nehmer
• Audio Lectures (MP3 Format)

Discussion Topics

Week 1:

• Wills and Protection of the Surviving Spouse
• Additional Discussion Topic TBA

Week 2:

• Disinheritance of a Spouse
• Additional Discussion Topic TBA

Week 3:

• Formal Requirements of a Will
• Additional Discussion Topic TBA

Week 4:

• Estate Planning
• Additional Discussion Topic TBA

Practical Assignment (required):

The Practical Assignment is due by the end of Week Three.

Optional practical assignments are also available for extra credit.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Quiz	50% of final grade
Practical Assignments	35% of final grade
Participation on Discussion Boards	15% of final grade
	100% Total

Course Topics:

Week 1:

• The Purpose and Need for  a Will
• Basic Terminology
• Statutory Requirements
• The Purpose of Wills
• Funeral and Burial Arrangements
• Apportionment for Death Taxes
• Property Distributions
• Provisions for Family Members
• Appointment of Guardians
• Creation of Testamentary Trusts
• Appointments of Personal Representatives
• Will Substitutes
• Checklist for Whether a Will is Needed 
• The Concept of Property Relating to Wills
• Property Terminology and Classification
• Real Property
• Personal Property
• Probate Property
• Nonprobate Property
• Statutes Governing the Passage of Property
• Forms of Property Ownership
• Tenancy in Severalty-Ownership by One Person
• Forms of Concurrent Ownership by Two or More Persons
• Joint Tenancy
• Tenancy in Common
• Tenancy by the Entirety
• Community Property
• Estates in Real Property
• Freehold Estates
• Fee Simple Estates
• Fee Simple Absolute
• Life Estates
• Leasehold Estates

Week 2:

• The Participants and the Proper Courts
• The Participants
• Appropriate Terminology
• Personal Representative
• Pre-probate role of the Personal Representative
• Probate Duties of the Personal Representative
• Estate Administration Duties from Appointment to Closing of the Estate
• The Attorney
• The Paralegal or Legal Assistant
• The Probate (Surrogate’s) Court
• The Registrar
• The Clerk of Court
• Terminology Related to Probate Court Proceedings
• Probate
• Jurisdiction
• Domicile
• Venue
• Ancillary Administration
• Key Term
• The Law of Succession:  Death Testate or Intestate
• Death with a Will-Testacy
• Types of Dispositions Made in a Will
• Bequest
• Legacy
• Devise
• Ademption
•  Lapses
• Abatement

Week 3:

• Death Without a Will; Intestacy
• Terminology Relating to Intestacy
• Intestate Succession Laws
• Per Capita Distribution
• Per Stirpes Distribution
• Right of Representation
• Degree of Relationship
• Escheat
• General Rules of Distribution under State Intestate Succession Statutes
• Inheritance Rights of Family Members
• Rights of a Surviving Spouse
• Surviving Spouse’s Elective Share
• Effect of Divorce and Marriage on a Spouse’s Rights
• Rights of Children
• Issue
• Natural Children
• Adopted Children
• Illegitimate Children
• Pretermitted Children
• Additional Rights and Protections for Surviving Spouse and Children
• Homestead Exemption
• Homestead Allowance
• Exempt Property
• Family or “Widow’s” Allowance
• Advantages and Disadvantages of Having a Will
• Advantages
• Disadvantages
• Key Term
• Wills: Validity Requirements, Modification, Revocation and Contests
• Valid Will
• Intent of the Testator
• Capacity of the Testator
• Formal Requirements of a Will
• Written Wills
• Signature of the Testator
• Signatures of the Witnesses
• Modification
• Codicil
• Revocation
• By Operation of Law
• By Subsequent Writing
• Rejection
• Will Contests
• Who Can Contest a Will
• Grounds for Contesting a Will
• In Terrorem or “No Contest” Clause
• Key Terms
• Preparing to Draft a Will
• Initial Interview
• Checklists
• Basic Data:  Family Data
• Family Advisors
• Assets and Liabilities
• Life Insurance Policies
• Preliminary Advice
• Spouse’s Right of Election
• Children’s Right to Inherit
• Guidelines for Preparing a Will
• Avoid Printed Forms
• Use One Word Processor and Typeface
• Use Clear Wording
• Use Simple Language
• Consider Placing Small Estates in Joint Tenancy
• Sign the Will According to State Guidelines, but Do Not Sign Copies
• Include a Residuary Clause
• Choose Witnesses with Care
• Tell Witnesses What Might Be Expected of Them
• Do Not Make Additions After Execution
• Use a Codicil for Minor Changes
• Avoid Erasures and Corrections
• Word Conditions Carefully to Avoid Ambiguity
• Conditions Precedent
• Conditions Subsequent
• Include Full Data on Beneficiaries and Devisees
• Give the Client a Rough Draft
• Drafting and Executing a Valid Legal Will
• Introduction or Exordium and Publication Clause
• General Revecatory Clause
• Provisions for Payments of Debts and Funeral Expenses
• Instructions for Funeral and Burial
• Specific Testamentary Gifts
• Provision for Residue of Estate
• Appointment of the Personal Representative
• Appointment of a Personal and/or Property Guardian
• Simultaneous Death
• Testamentary Trust Clause
• Testimonium Clause
• Testator’s Signature
• Attestation Clause of Witnesses
• Witnesses’ Signatures and Addresses
• Self-Proving Provision

Assignment: Draft a simple will. Fact pattern provided by Instructor

Week 4:

• Introduction to Trusts
• Terminology
• Essential Elements of a Trust
• Settlor as Creator of Trust
• Trustee
• Fiduciary
• Natural or Legal Person as Trustee
• Co-Trustees
• Acceptance or Disclaimer of Trusteeship
• Removal or Resignation of Trustee
• Powers of Trustee
• Duties of Trustee
• Cost of Trustee
• Beneficiary
• Trust Property or Benefits
• Key Terms
• Classification of Trusts
• Express Trusts
• Private
• Public
• Cy-pres Doctrine
• Active v. Passive
• Inter Vivos
• Testamentary
• Implied Trusts
• Resulting
• Constructive
• Miscellaneous Trusts
• Spendthrift
• Totten
• Sprinkling