PLG 175 Estate Administration and Probate

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.

Credits

3

Prerequisite

Prerequisite: SSC 100 or concurrent

See Course Syllabus

Course Number and Title:

PLG 175 Estate Administration and Probate

Campus Location

  • Dover
  • Georgetown

Prerequisites

Prerequisite: SSC 100 or concurrent

Course Credits and Hours

3 credit(s)

3 lecture hours/week

0 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 - https://www.dtcc.edu/bookstores online or visit a campus bookstore. Check your course schedule for the course number and section.

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

The grade will be determined using the Delaware Tech grading system:

90-100 = A
80-89 = B
70-79 = C
0-69 = F
Students should refer to the Catalog/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%

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.

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.

Students in Need of Accommodations Due to a Disability

We value all individuals and provide an inclusive environment that fosters equity and student success. 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. The College's policy on accommodations for persons with disabilities can be found in the College's Guide to Requesting Academic Accommodations and/or Auxiliary Aids Students may also access the Guide and contact information for Disabilities Support Counselors through the Student Resources web page under Disabilities Support Services, or visit the campus Advising Center.

Minimum Technology Requirements

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