PLG 175 Estate Administration and Probate


Campus Location:
Georgetown, Dover
Effective Date:
2020-51
Prerequisite:
MAT 010 or higher, and ENG 090 or
ENG 091 or EAP 093 or higher, SSC 100 or concurrent
Co-Requisites:

None

Course Credits and Hours:
3.00 credits
3.00 lecture hours/week
0.00 lab hours/week
Course Description:

In this course, students discuss the basic legal concepts of wills, trusts, and intestacy.  Topics include the fundamental principles of law, along with the organization and jurisdiction of the probate court.  An analysis of estate administration procedures and instruction in the preparation of estate and fiduciary and tax forms are also discussed.

Required Text(s):

Obtain current textbook information by viewing the campus bookstore online or visit a campus bookstore. Check your course schedule for the course number and section.

Additional Materials:

None

Schedule Type:
Classroom Course
Disclaimer:

None

Core Course Performance Objectives (CCPOs):
  1. Use basic legal terminology of wills and trusts. (CCC 1; PGC 4)
  2. Explain the functions of wills and trusts. (CCC 1; PGC 5)
  3. Prepare the basic instruments in the fields of estate and probate law. (CCC 1, 2; PGC 2)
  4. Explain the paralegal’s functions and those of the attorney in the field of estate and probate law. (CCC 1; PGC 1, 5)
  5. Identify the authorized limits of the paralegal’s practice in the field of estate and probate law. (CCC 4; PGC 1, 3)

See Core Curriculum Competencies and Program Graduate Competencies at the end of the syllabus. CCPOs are linked to every competency they develop.

Measurable Performance Objectives (MPOs):

Upon completion of this course, the student will:

  1. Use basic legal terminology of wills and trusts.
    1. Define terms associated with property law.
    2. Define terms associated with testacy and intestacy.
    3. Use terminology associated with the validity, modification, and revocation of wills.
    4. Identify terminology used in preparing a will.
    5. Explain the basic terminology used in trusts.
  2. Explain the functions of wills and trusts.
    1. Describe the nature and purpose of estate planning.
    2. Identify the formalities and requirements for making a will.
    3. Identify and contrast the procedures and outcomes when property is passed by testacy versus intestacy.
    4. Discuss the nature of a trust.
    5. Define the essential elements of trusts.
    6. Identify the participants in the creation and operation of a trust.
    7. Discuss the differences between a will and a trust agreement.
    8. Explain uses of various types of trusts.
  3. Prepare the basic instruments in the fields of estate and probate law.
    1. Identify different parts of the will document.
    2. Describe a codicil and when it is used.
    3. Collect the relevant facts in preparation for the preliminary drafting of a will.
    4. Draft a preliminary will for review by attorneys.
  4. Explain the paralegal’s functions and those of the attorney in the field of estate and probate law.
    1. Explain the role of the paralegal in assisting the personal representative in performing the required duties in estate administration.
    2. Describe the role of the attorney in performing the required duties in estate administration.
  5. Identify the authorized limits of the paralegal’s practice in the field of estate and probate law.
    1. Explain the types of legal tasks that a paralegal may perform.
    2. Identify legal tasks that would constitute the unauthorized practice of law.
Evaluation Criteria/Policies:

Students must demonstrate proficiency on all CCPOs at a minimal 75 percent level to successfully complete the course. The grade will be determined using the Delaware Tech grading system:

92 100 = A
83 91 = B
75 82 = C
0 74 = F

Students should refer to the Student Handbook for information on the Academic Standing Policy, the Academic Integrity Policy, Student Rights and Responsibilities, and other policies relevant to their academic progress.

Final Course Grade:

Calculated using the following weighted average

Evaluation Measure

Percentage of final grade

Summative: Tests (4) (equally weighted)

20%

Summative: Drafting Assignments (15% each)

30%

Summative: Final Exam

30%

Formative: Homework (equally weighted)

10%

Formative: Participation

10%

TOTAL

100%

Core Curriculum Competencies (CCCs are the competencies every graduate will develop):
  1. Apply clear and effective communication skills.
  2. Use critical thinking to solve problems.
  3. Collaborate to achieve a common goal.
  4. Demonstrate professional and ethical conduct.
  5. Use information literacy for effective vocational and/or academic research.
  6. Apply quantitative reasoning and/or scientific inquiry to solve practical problems.
Program Graduate Competencies (PGCs are the competencies every graduate will develop specific to his or her major):

PLGAASPLG

  1. Explain the present and potential role of the paralegal within the legal system.
  2. Produce documents necessary for a functioning law office.
  3. Comply with the profession’s Code of Ethics within the legal system.
  4. Use a range of research methods and information necessary to complete a variety of legal activities.
  5. Apply acquired knowledge of legal specialty areas in the workplace.
Disabilities Support Statement:

The College is committed to providing reasonable accommodations for students with disabilities. Students are encouraged to schedule an appointment with the campus Disabilities Support Counselor to request an accommodation needed due to a disability. A listing of campus Disabilities Support Counselors and contact information can be found at the disabilities services web page or visit the campus Advising Center.

Minimum Technology Requirements:
Minimum technology requirements for online, hybrid, video conferencing and web conferencing courses.