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Mar 28, 2024
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2021-2022 College Catalog [ARCHIVED CATALOG]
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PAR 204 - Wills, Trusts, and Estates 3 Credits, 3 Contact Hours 3 lecture periods 0 lab periods
Concepts and procedures of wills, trusts and estate planning for paralegals. Includes Arizona statutes and rules, probate and non-probate property, testate or intestate succession, will drafting and execution, will-related documents and advance directives, trusts, estate administration and related legal actions.
Prerequisite(s): PAR 101 Information: Prerequisite(s) may be waived if employed in a legal-related field; see a PAR advisor or course instructor.
Course Learning Outcomes
- Describe the relationship of wills, trusts and estates to a person’s death and the procedures in wills, trusts and estate administration that can be delegated to a paralegal.
- Discuss the effect of Arizona statutes, rules and laws on wills, trusts and estate administration.
- Classify probate and non-probate property.
- Discuss testacy and explain the ramifications of dying intestate.
- Identify what constitutes a valid will and draft provisions and clauses in a will.
- Discuss will related documents and explain their purpose.
- Identify various types of trusts and explain how they are constructed, administered and terminated.
- Explain probate administration and related legal actions.
Outline:
- Introduction to Wills, Trusts, and Estates
- Life and death
- Concept of an estate
- Purpose and need for a will
- Paralegal’s Role and Responsibilities
- Arizona Statutes and Rules
- Wills
- Trust
- Estates
- Probate and Non-Probate Property
- Classification and definition
- Forms of property and ownership
- Probate versus non-probate
- Testate or Intestate Succession
- Types of dispositions
- Methods of distribution and Per Stirpes v. Per Capita
- Dying intestate
- Relationship of the heir to the decedent
- Escheat
- Other family rights
- Other issues affecting distribution of the estate
- Will Drafting and Execution
- Validity and statutory requirements
- Elements
- Changing or revoking
- Contests
- Preparation and drafting
- Execution
- Will Related Documents and Advance Directives
- History of the right to die
- Validity and statutory requirements
- Living wills and Do Not Resuscitate Orders
- Durable Powers of Attorney (financial and medical)
- Anatomical gifts
- Funeral arrangements
- Trusts
- Validity and statutory requirements
- Elements
- Classifications
- Changing or terminating
- Preparation and drafting
- Pour-over-wills
- Specialized trusts
- Estate Administration and Related Actions
- Preliminary duties of the law office
- Small estate administration
- Probate Court and uniform laws
- Personal representative powers and duties
- Informal, formal, and ancillary probate administration
- Tax considerations
Effective Term: Spring 2016
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