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258 sec. 1 - Estates and Trusts (Spring 2013)
Instructor: Michael C. Ferguson (view instructor's teaching evaluations | profile)
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Meeting Time: Tu 6:25-9:05
Meeting Location: 100
Course Start: January 08, 2013
Course Control Number (1Ls): 49834
Course Control Number (Non-1Ls): 49832
The general public assumes that all lawyers can do two things: try a case and write a will. Most lawyers can't do either. This course is designed to remedy that situation in part by introducing students to the basics of estate planning, incapacity planning, and estate administration. The course will cover: the changing nature of the family; the impact of advances in reproductive technology on inheritance rights; the law of intestate succession; statutory Family Protection schemes; community property; restrictions on Testation; the role, preparation and construction of Wills; the uses, creation, construction and termination of Trusts; the mechanics of Estate Administration (including an introduction to Probate and of alternatives to Probate); the role and responsibilities of fiduciaries; the role of the attorney in the Estate Planning process; and the Rules of Professional Responsibility as they apply to the estate planning attorney.
Course materials: Instruction prepared syllabus, available on-line; California Probate Code, also available on-line. Recommended (but not required) supplementary materials: any edition of Dukeminier and Johanson, Wills, Trusts & Estates (Aspen).
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A reader will be used in this class.
Instructor has indicated that no books will be assigned.