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258 sec. 1 - Estates & Trusts (Spring 2011)

Instructor: Michael C. Ferguson  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: Tu 6:25-9:05
Meeting Location: 100

Course Start: January 11, 2011
Course Control Number (1Ls): 49762
Course Control Number (Non-1Ls): 49760


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. It should be taken by most students--if for no other reason then that it is a Bar course. 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; rudimentary tax considerations in the estate planning process; the use of future interests and powers of appointment; 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 attorney. Grades will be based primarily on a take home exam consisting of three questions designed to test three different skill sets. Course materials: Dukeminier and Johanson Wills, Trusts & Estates (8th Ed. 2009); California Probate Code; supplementary materials in a Course Reader.

Prerequisites:
None

Exam Notes: TH
Course Category: Tax, Estates, and Trusts

The following files are available for this course:

First Assignment
Supplemental File
Supplemental File
Syllabus

If you are the instructor or their FSU, you may edit your files.

Readers:
A reader will be used in this class.

Books:
Required Books are in blue

  • Wills, Trusts and Estates
    Dukmineir, Lindgren & Sitkoff
    Edition: 8th edition, 2009
    Publisher: Aspen
    ISBN: 9780735579965
    Copyright Date: To Be Determined
    Price: To Be Determined

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