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258 sec. 1 - Estates & Trusts (Fall 2011)
Instructor: Kristen L. Holmquist (view instructor's teaching evaluations | profile)
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Meeting Time: MTu 11:20-12:35
Meeting Location: 100
Course Start: August 29, 2011
Course Control Number (Non-1Ls): 49754
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 attorney.
Grades will be based on an in-class, multiple choice midterm and an in-class exam consisting of three questions designed to test three different skill sets. The course will also feature optional weekly(ish) sessions for working, together with the instructor, on problem sets. Course materials: Dukeminier and Johanson Wills, Trusts & Estates (8th Ed. 2009); California Probate Code (Handout).
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Required Books are in blue
- Wills Trusts & Estates 8e
Publisher: Aspen Publishers
Copyright Date: To Be Determined
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