Syllabus – Law 2301 – Estates, Trusts and Wills – Fall, 2017

 

New York City College of Technology

Department: Law and Paralegal Studies

 

Instructor: W. Zehava Schechter, Esq.

E-mail: WZSchechter@citytech.cuny.edu

Office Hour: Mondays 5:00 – 6:00 p.m. or by appointment

 

Course Description:

This course is designed to give students an overview of estate planning and administration, estate

terminology, and the jurisdiction of Surrogate’s Court and will include preparation of basic legal

documents in these areas.

 

Prerequisite:                Law 1201 (passed with a “C” or higher.)

 

Required Text:            Wills – Structure, Design and Settlement under NYS Law

By Hegler and Loughrey, Looseleaf Law Publications, Inc.

ISBN 978-0-930137-60-1.

 

Please come prepared to every class with the required texts, a ruled college-size notebook, and pens.

 

Course and Performance Objectives:

By the end of this course, students should be able to:

• Apply the New York laws of intestacy to decedents’ estates;
• Understand and apply substantive New York statutes (EPTL and SCPA) as well as case law to estate planning and administration scenarios;
• Be prepared to witness Will executions;
• Draft and analyze clauses in advance directives;
• Understand the nature of and laws concerning trusts and trust documents;
• Prepare probate and administration petitions and ancillary documents required in New York Surrogate’s Court proceedings.

 

Methods of Instruction:

The instructor may use case studies, lectures, guest speakers, questions and exercises from the textbook, videos, current events, transparencies, Power Point presentations, and student experiences and responses.  The following websites have excellent general resources for students of this class and will be included in assignments:

 

http://codes.lp.findlaw.com/nycode/EPT;

http://law.justia.com/codes/new-york/2006/estates-powers-trusts; http://www.courts.state.ny.us/forms/surrogates/index.shtml.  Other websites will also be used.

 

Attendance Procedure:

Punctuality and regular attendance in classes is of prime importance for successful completion of this course, just as they are important in the business world.  Students will be expected to arrive for class on time and to remain in class until the end of the class session.  If you come to class late, make sure you notify your instructor after class the reason for your lateness.

In-class participation is included in your overall grade for this course.  If you have a number of absences, you will not be able to keep up with the volume of material covered in each class.  Therefore, it is strongly recommended that you attend every class.

 

There will be a homework assignment due every class.  Homework and assignments are to be submitted at the beginning of the class period.  If you do not expect to attend a class session, be certain to e-mail your homework to the instructor prior to the start of that class or you will not receive credit for completing the assignment.

 

Reward for Good Attendance:  If you have perfect attendance, your final grade will be increased accordingly.

 

All assignments submitted to instructor must be typewritten.  Assignments should be correct and not contain errors in spelling, punctuation, grammar, etc.  Incorrect assignments may be returned to you to be rewritten.  Please note due dates for assignments.  Your completed assignments should be ones you would be proud to submit to a supervisor.

 

Grading Scale:

Homework: 25%

Midterm and Final Exam: 25%

Class Participation: 25%

In-class assignments: 25%.

 

Academic Integrity:

All students are expected to behave with academic honesty.  It is not academically honest to present another person’s work as your own, to take credit for someone else’s words or ideas, to accept help on a test or assignment when you are expected to work independently, to obtain advanced information on confidential test materials, or to act in a way that may harm another student’s opportunity for academic success.

 

New York City College of Technology Policy on Academic Integrity:

Students and all others who work with information, ideas, texts, images, music, inventions, and other intellectual property owe their audience and sources accuracy and honesty in using, crediting, and citing sources.  As a community of intellectual and professional workers, the College recognizes its responsibility for providing instruction in information literacy and academic integrity, offering models of good practice, and responding vigilantly and appropriately to infractions of academic integrity.  Accordingly, academic dishonesty is prohibited in The City University of New York and at New York City College of Technology and is punishable by penalties, including failing grades, suspension, and expulsion.  The complete text of the College policy on Academic Integrity may be found in the catalog.

 

Plagiarism:

Only original work will be accepted by the instructor.  Any work submitted which is not yours will be returned to you and will not count towards required assignments for completion of this course.

 

Cellular Telephones: Please turn off cellular telephones during class.

 

Schedule – Subject to Change

Date	Chapter(s)	Homework	Evaluations	In-class activities
8/28/2017	1	None.		Chapter 1.   Review EPTL, SCPA provisions relating to jurisdiction, service of process, pleadings.   Ohio State Bar Assn v. Cohen, Case Summary: Facts, Question, Holding.
*NO CLASS 9/11/2017   Class will be held 9/1/2017 8:30-11 a.m	1	Read Chapter 1.   Sisson v. Jankowski, Case Summary: Facts, Question, Holding.		Chapter 1.   WTE 1. Ethics alert – 13.
9/18/2017	2	Read Chapter 2.   Allen v. Dalk, Case Summary: Facts, Question, Holding.		Chapter 2. Validity and Execution of an LWT.   WTE 6. Ethics alert – 119
9/25/2017	3	Read Chapter 3.   In re Estate of Garrett, Case Summary: Facts, Question, Holding.		Chapter 3. Preparation of Wills.   WTE 7. Ethics alert – 131, 143.   In the Matter of Bernatowicz, Case Summary: Facts, Question, Holding.   Draft LWT.
10/2/2017	4	Read Chapter 4.   Conner v. Donahoo, Case Summary: Facts, Question, Holding.		Chapter 4. Preparation for the Settlement of an Estate.   WTE 2. Ethics Alert – 26.
10/16/2017	5	Read Chapter 5.   Passalino v. Protective Group Securities, Inc., et al., Case Summary: Facts, Question, Holding.		Chapter 5. Probate Proceedings.   WTE 10. Ethics Alert – 197.
10/23/2017		Prepare for Midterm.   Prepare Probate Petition with fact pattern provided by instructor.	Midterm.
10/30/2017	6	Read Chapter 6.   Outlaw v. Danks, Case Summary: Facts, Question, Holding.		Chapter 6. Administration Proceedings and Intestate Succession Rules.   WTE 4. Ethics Alert – 68.
11/6/2017	7	Read Chapter 7.     Prepare Administration Petition with fact pattern provided by instructor.	Byrd v. Trennor, Case Summary: Facts, Question, Holding.	Chapter 7. Small Estate Settlement.   WTE 3. Ethics Alert – 49.
11/13/2017	8	Read Chapter 8.   Merritt v. Yates, Case Summary: Facts, Question, Holding.		Chapter 8. Federal Estate Tax Planning.   WTE 11. Ethics Alert – 225. Letter of Instruction.
11/20/2017	9	Read Chapter 9.   In re Estate of Smith, Case Summary: Facts, Question, Holding.		Chapter 9. New York Estate Tax Proceedings.   WTE 5. Ethics Alert– 103.
11/27/2017	10	Read Chapter 10.   Rieger v. Jacque, Case Summary: Facts, Question, Holding.		Chapter 10. Accountings.   WTE 8. Ethics Alert – 155.
12/4/2017	11	Read Chapter 11.   Boyce v. Snyder, Case Summary: Facts, Question, Holding.		Chapter 11. Other Estate Planning Documents.   WTE 9. Ethics Alert – 171.
12/11/2017		In re Schiavo, Case Summary: Facts, Question, Holding.		Haymes v. Brookdale, Case Summary: Facts, Question, Holding.   Allore v. Flower Hospital, Case Summary: Facts, Question, Holding.   Review for Final Examination.
12/18/2017		In the Matter of Biersack, Case Summary: Facts, Question, Holding.	Final Examination