WEEKLY OUTLINE*
*Note that this outline is only an approximation and the due dates of homework and quizzes may change depending on many factors. If you miss a class, you MUST check with a classmate to see what is happening at the next class.
Week One: January 30– Homework: The Dearly Departed Memo
Collaborative Work: Background Knowledge Probe Introduction – What you can expect to learn in this course – Sources of will law – the ETPL/SCPA and the UPC – Vocabulary
Week Two: February 6 – Homework : Intestacy Charts Assigned Collaborative Work: If You Wrote the Laws of Intestacy Intestate Succession – EPTL Section 4-1.1(a) – Methods of Distribution – By Representation, Per Stirpes Special Situations in Intestate Succession – Relatives of the half-blood EPTL Section 4-1.1(b) – Posthumous children EPTL Section 4-1.1(c) – Adopted children EPTL Section 4-1.1(d), DRL Section 117 – Step-children – Non-marital children EPTL Section 4-1.2
Week Three: February 13 – Homework – Study for Quiz One Collaborative Work – Hamlet according to New York Intestacy Laws Disqualified Distributees – Certain parents EPTL Section 4-1.4 – Certain spouses EPTL Section 5-1.2 – Certain killers EPTL 4-1.6 – Certain aliens SCPA 2218 Wills, an Introduction – Advantages and Disadvantages – Testamentary Substitutes – Inter vivos gifts – Life insurance – Joint ownership with right of survivorship – Inter vivos trusts
Week Four : February 27 – Quiz One (Note that we do not have class on Wednesday February 20 – Monday classes will meet then instead) Collaborative Work – Will Execution Analysis Wills – Substantive Law, Part One – Holographic and Nuncupative wills EPTL Section 3-2.2 – Testamentary Capacity EPTL Section 3-1.1 – Testamentary Dispositions EPTL Section 3-1.3 – Devises – Bequests/Legacies – Due execution EPTL Section 3-2.1 – Signing ceremony – Attestation clauses – Self-proving affidavits – Interested witnesses EPTL Section 3-3.2 – Changes in circumstance – Subsequent marriage – Subsequent divorce EPTL Section 5-1.4 – Afterborn/Pretermitted children EPTL Section 5-3.2
Week Five: March 6 Collaborative Work – If You Wrote the Elective Share Law Wills, Substantive Law Part Two – Revocation of wills EPTL Section 3-4.1 – By Writing – By Physical Act – Lost wills SCPA Section 1407 – The Elective Share EPTL Section 5-1.1A – the theory behind – the amount – the Net Estate – Prenuptial Agreements – Exempt Personal Property EPTL Section 5-3.1
Week Six: March 13 – Quiz Two Homework: Estate Plans of the Rich and Famous Assigned Collaborative Work – Art Across the Curriculum “Gravegoods, Reliquaries, Grave Markers, Ancestor Figures and other Art that Honors Decedents” Wills, Substantive Law Part Three – Renunciations/Disclaimers EPTL Section 2-1.11 – The Mortmain Statute – Community Property – Testamentary Dispositions – Specific dispositions – Demonstrative dispositions – General dispositions – Residuary Dispositions – Ademption EPTL Section 3-4.3 – Abatement EPTL Section 13-1.3 – Lapse EPTL Section 3-3.3
Week Seven : March 20 – Homework: Study for the Midterm Examination Collaborative Work – Initial Interview Simulation Practical Matters Legal Ethics – Conflicts of Interest – Confidentiality – UPL The Initial Interview – Family data – Family advisors – Assets/ Liabilities – tax matters – liquidity Will Clauses Will Drafting Week Eight: April 3 – Midterm Examination (Note, this is our first day back after spring break) Estate Plans of the Rich and Famous assigned Week Nine – April 10 Homework – Blog Preparation Assignment Estate Plans of the Rich and Famous Week Ten – April 17 Homework – Study for Quiz Three Collaborative Work – You Create a Private Trusts/You Create a Charitable Trust Trusts, Part One The Requirements for a New York trust – Grantor/Settlor – Delivery – Res – Trustee – Intent – Beneficiaries – Lawful Purpose – Types of trusts – Inter vivos – Testamentary – Revocable/Irrevocable – Pourovers – Totten – Charitable – the Cy Pres doctrine – the Rule Against Perpetuities – Beneficiaries Interests – Mandatory right to income – Discretionary right to income – Remaindermen – Spendthrift Protection
Week Eleven: April 24 – Quiz Three Trusts, Part Three – Trust Administration – Fiduciary Powers Act EPTL Section 11-1.1 – Fiduciary Duties – Surcharge actions – The Uniform Principal and Income Act EPTL Section – Trustee’s Commissions
Week Twelve: May 1 Homework: Court Documents Collaborative Work – Preparation of Petition for Probate Probate – Surrogate’s Court Jurisdiction – Domicile – The Probate Petition and other Court Documents – Letters Testamentary – Executors – Will Contests Improper execution, Lack of testamentary capacity, Undue Influence, Fraud
Week Thirteen: May 8 Homework – Study for “Potential Quiz Four (?)” Administration Proceedings – The Petition for Letters of Administration – Administrators and the Public Administrator – Estate Administration Inventories, Valuations, Tax Waivers, Creditor’s Claims, Accountings – Small Estate Proceedings
Week Fourteen: May 15 Homework – study for Final Examination Possible Quiz Four (?) The Federal Estate Tax – an overview – Transfer taxes in general – Estates liable – Tax forms – Valuation issues – Deductions – the Marital deduction and QTIPS – New York’s estate tax Review for Final Examination
Week Fifteen: May 22 – Final Examination
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