Advanced Paralegal Course Wills, Trusts and Estates

45 hours

 

 

Description

 

The Wills, Trusts, and Estates Advanced Paralegal Course uses articles, cases, and examples to describe a paralegal's role in the administration of wills, trusts, and estates. This course will prepare paralegals to assist attorneys as they plan estates, explain rights, draft wills, set up trusts, appoint personal representatives, probate wills, file estate taxes, and represent clients in probate court. The text that accompanies this course is written in a style that is easy to understand, with legal jargon and unnecessary verbiage avoided. State-by-state information is presented clearly with the use of maps, tables, and case studies. Charts and boxed cases help to make complex topics easier to understand.

 

Tuition includes textbook, Protrain’s exclusive Study Guide and access to the Online Student Center.  12 month access.

 

Outline

  1. To describe the benefits of having a will
  2. To explain the implications of dying without a will
  3. To list the categories of facts needed for estate planning
  4. To distinguish between real property and personal property
  5. To describe the different kinds of non probate property
  6. To determine how property is distributed through the law of intestate succession
  7. To describe the legal requirements for executing, changing, and revoking a will
  8. To understand typical paragraphs in a will
  9. To explain laws enacted to protect family members
  10. To list advantages and disadvantages of different kinds of trusts
  11. To describe some of the uniform laws
  12. To list the titles and duties of a personal representative
  13. To understand different types of probate proceedings
  14. To learn about the tax forms a personal representative must file
  15. To explain the law on advance directives and anatomical gifts

 

Lesson 1: Estate Planning Fundamentals

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 1

            Describes the benefits of having a will; shows the risks in writing one’s own

            will; explains the implications of dying without a will

 

B.         Chapter 2

Explains the purpose of estate planning; describes the members of the estate planning team; lists the four categories of facts the must be gathered in the estate planning process; identifies the principal tools available to the estate planner; describes some postmortem estate planning devices

 

Examination

 

Lesson 2: Property Rights and Intestacy

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 3

Describes the “bundle of rights” concept of property; defines probate property; distinguishes between real property and personal property; describes the different kids of non-probate property

 

B.         Chapter 4

Contrasts the law that governs the passing of real property with the law that governs the passing of personal property when some dies intestate; describes when property passes according to the law of intestate succession; states the share that a surviving spouse inherits under this law; identifies other people who will inherit under this law; shows the disposition of property owned by people who die intestate survived by no spouse or ascertainable kindred

 

Examination

 

Lesson 3: Wills

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 5

Describes the legal requirements for executing a will; explains the methods of changing and revoking wills; identifies possible ground for contesting a will

 

B.         Chapter 6

Discusses the guidelines for drafting a will; identifies the opening paragraphs of a will; explains the main paragraphs of a will; describes the fiduciary and tax provisions of a will; identifies the ending paragraphs of a will; explains letters of instruction

 

C.         Chapter 7

Explains the laws that have been enacted for the protection of family members; distinguishes between lapsed legacies and ademption.

 

Examination

 

Lesson 4: Trusts

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 8

Defines a trust; names the parties to a trust; compares the methods of creating a trust; describes the different kinds of express and implied trusts

 

B.         Chapter 9

Describes a Totten trust; shows when to use a spendthrift trust and when to use a sprinkler trust; compares assorted marital deduction trusts and the use of each; describe several types of charitable trusts and the use of each; explains the use of life insurance trust as a way to save taxes

 

Examination

 

Lesson 5: Will Administration

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 10

Shows the courts that have jurisdiction in the field of probate law; identifies the office that is responsible for the care and custody of probate records; describes uniform laws that deal with probate law

 

B.         Chapter 11

Explains who, in a given case, should petition the court for appointment as a personal representative; lists the duties of a personal representative; distinguishes among the titles of personal representatives and shows when each is used; explains the reasons for the removal of a personal representative

 

C.         Chapter 12

Explains why probate is needed in particular cases; outlines the steps necessary when formal probate proceedings are undertaken; lists the steps that are used for informal probate proceedings; explains the procedures when ancillary administration is undertaken

 

Examination

 

Lesson 6: Death and Taxes

Textbook: Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

A.         Chapter 13

Explains the initial steps that must be taken by a personal representative with regard to the decedent’s taxes; identifies the outcome that must be included in the decedent’s final income tax return and fiduciary income tax return; explains the occasion, due date, and form used for filing a federal estate income tax return; differentiates between gross estate and taxable estate; shows how to compute a hypothetical estate tax

 

B.         Chapter 14

Summarizes the law as it applies to the right to refuse medical treatment; describes the types of advance directives; explains the methods of making anatomical gifts; shows who has the right to possession of the decedent’s body and the duty of burial

 

Examination

 

Computer Requirements

Students will need to have access to an IBM compatible PC with the following minimum requirements to complete BCI's Allied Health programs:

• Pentium 100 or higher processor
• Microsoft Windows® 98, Windows® 98 Second Edition, Windows®
   Millennium Edition, Windows® NT 4 with Service Pack 6 or later or
   Windows® 2000 Professional or later operating system
• 24MB RAM (Windows® 98/Windows® 98 Second Edition);
• 32MB RAM (Windows®/Me/Windows® NT 4.0);
• 64MB RAM (Windows® 2000 Professional)
• Plus an additional 8MB for each application running simultaneously
• 100MB available hard disk space minimum
• 2x CD-ROM drive or higher
• 16-Bit Sound card or higher
• Standard USB port
• Speakers connected to your sound card
• Microsoft® mouse or other compatible pointing device
• Printer
• Audio Cassette Player (Allied Health Courses)

Protrain Online Student Center Technology Requirements

In addition to the above requirements, we recommend the following computer equipment for use with our Online Student Center:

• Pentium-II Class or higher processor
• 56.6 Kbps Modem or faster
• 64 MB RAM or greater
• 50-100 MB free hard disk space
• Microsoft Internet Explorer 5.0+, Netscape Navigator 6.0+ or equivalent, or America Online 7.0+
• An active account with an Internet Service Provider (ISP)

 

Course Materials

Textbook:

Administration of Wills, Trusts, and Estates, third edition, by Gordon Brown, J. D., West Legal Studies (Thomson Delmar Learning), 2003, ISBN: 0-7668-5251-4

 

We offer free registration in our Online Student Center to all active Protrain students, so you can select the course delivery method that best fits your educational preferences and your learning style.

Delivering courses electronically allows you maximum flexibility when accessing and completing your career program. You can choose to read lessons on-screen, download the study guide for later use, or print out your own hard copy immediately. In the Online Student Center, courses can be completed on the computer using our own Protrain course management system. You receive all the program materials by mail upon enrollment, then log into the Online Student Center with a username and password. Once logged on, you can access your study guides, take exams, and contact your instructors and fellow students.

Our study guides are set up in an easy-to-use PDF format, which allow graphically sophisticated screen displays to be viewed in large format. In addition, you have resources such as online testing with instantaneous results; access to student records, payment history and grade history; chat and discussion boards; online student support; and web resources.