PAL 217 Course Outline

PAL 217 - Estates & Trusts

Lecture Hours/Week: 3
Lab Hours/Week: 0
Credit Hours: 3
Prerequisites: PAL 111 & PAL 112
Final Exam Required: Yes

Course Description:

Course Objectives: To familiarize the student with the substantive and procedural laws of wills, estates and trusts, and the role of the paralegal in the preparation of wills, applications for letters, the petitioning for orders and the preparation of accountings.

Content Outline:

Week	Topics
1-2	I. Introduction The Parties The Surrogate The Surrogate Court The Surrogate Court Clerk The decendent, incompetent, interested The attorney The paralegal The Law Estates Powers and Trusts Law (EPTL) Surrogate Court Procedures Act (SCPA) The language, definitions, terms Common Estate Proceedings
3	II. Rules Governing Disposition of Property Per capita and per stirpes Simultaneous death Presumption of death from absence Advancement Spousal Right of Election Spousal disqualification Joint and multiple ownership Transfers at death Will Rules of intestacy Right of survivorship Life estate and remainder Trusts Family property
4	III Jurisdiction Subject matter jurisdiction In Rem jurisdiction Personal jurisdiction Nondomiciliaries Due process
5	IV. Intestacy Intestate succession Renunciation
6-7	V. Wills Holographic will Nuncupative will Joint / Reciprocal will Living "will" Formal written will Execution requirements Witness depositions Limitations right of election spousal disqualification family property child born after charitable gifts killers divorce witness disqualification Changes codicil revocation / alteration ademption exoneration accession abatement lapse anti-lapse class gifts renunciation VI. Power of Attorney VII. Health Care Proxy
8-9	VIII. Surrogate Court Procedures Pleadings Petition Objections Reply Citation or Order to Show Cause Citation Necessary parties Service of Process Personal service Alternative service mail delivery and mail
10	IX. Guardianships Surrogate's power & jusrisdiction Petition Necessary parties Accounting - annual and final Powers & limitations
11	X. Wrongful Death Proceedings Introduction The fiduciary's role The complaint and procedure Measure and allocation of damages Settling the lawsuit Attorney's fees The fiduciary's accounting
12-14	XI. Surrogate Court Proceedings Personal representatives reviewed Petition for letters of administration and administration of intestate estates Petition Citation Objections Bonds Limited Letters Temporary letters of administration Removal of fiduciary Petition Order to show cause Voluntary Administrator Claims against an estate Presentation of claims Fiduciary's liability for claims Enforcing & determining claims Petition and order to open safe deposit box Probate procedings Petition and order for preliminary letters testamentary Probation petition supporting papers service objections Accounting Voluntary accounting Court's motion Compulsory accounting Procedure necessary parties examinations and objections XII. Estate Taxes Possible tax returns NYS Estate Tax Return (ET90) Deadlines Release of lien, defined and function Tax waivers, defined and function Obtaining tax waivers & releases of liens (ET90 or ET30)
15	XIII. Trusts The parties Intervivos trusts Testamentary trusts Totten trusts Spenthrift trusts Insurance trusts Employee trusts Rules governing trusts & trustees
16	FINAL EXAM

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Last Updated 1/30/99

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