Wills, trusts, and estate administration

1. The estate plan and the purpose and need for a will : The estate plan ; An introduction to wills ; The purpose of wills ; Will substitutes ; Checklist to determine the need for a will ; Basic requirements for a legal will, a review ; The need for a will, a conclusion

2. The concept of property related to wills, trusts, and estate administration : Property: terminology and classification ; Statutes that govern the passage of property ; Forms of property ownership ; Estates in real property

3. The participants and the proper court : The participants ; Terminology related to probate court proceedings

4. The law of succession: death testate or intestate : Death with a will: testacy ; Use of testate terminology ; Death without a will: intestacy ; Rights of family members to a decedent's estate ; Use of intestate terminology ; Advantages and disadvantages of a will

5. Wills: validity requirements, modification, revocation, and contests ; Requirements for the creation of a valid will ; Modification of a will: codicil v. new will ; Revocation and rejection of a will ; Will contests

6. Preparation to draft a will: checklists and the conference with the client : The conference with the client: initial interview, checklists, and other matters ; Preliminary tax advice and other matters ; Guidelines for preparation of a will

7. Final draft and execution of a valid will : Contents of a standard will ; Sample preliminary will ; Additional nontestamentary documents ; Where to keep the will

8. Introduction to trusts : Terminology related to trusts ; The essential elements of a trust ; The beneficiary: the recipient of the trust property or benefits ; Trust property

9. Classification of trusts, the living trust, and other special trusts : Classification of trusts ; The purposes of trusts ; Informal and incomplete creation of a trust ; Living (inter vivos) trusts ; Drafting living trust ; Trust administration

10. Estate planning : Documents used to create the estate plan ; Estate tax-saving devices that increase deductions from the gross estate ; Estate tax-saving devices that reduce the gross estate ; Postmorten estate planning

11. Long-term care : History and development of long-term care ; Need for long-term care ; Resources available to help pay long-term care expenses ; Need for long-term care insurance ; Long-term care insurance

12. Personal representatives: types, pre-probate duties, and appointment : Types of personal representatives ; Introduction to estate administration: a dialogue ; Preparation for probate and estate administration: general overview

13. Probate and estate administration : Probate or estate administration ; Forms of probate or estate administration ; Commencing probate and estate administration proceedings ; Probate court procedure ; Procedures before estate distribution ; Distribution of the estate and payment of claims ; The final account and closing the estate ; Special probate proceedings ; Limitations on and liability of the personal representative

14. Informal probate administration : The choice of formal or informal probate ; Priority of persons seeking appointment as personal representatives ; Application for informal probate and appointment of personal representative ; Acceptance by the registrar ; Notice requirements ; Duties and powers of the personal representative in informal probate ; Step-by-step procedures in informal probate

15. Tax considerations in the administration of estates : Introduction to tax concerns ; General tax considerations ; Tax returns

16. Ethical principles relevant to practicing paralegals and legal assistants : Paralegals and model rules of professional conduct ; Attorney-client paralegal issues

Appendixes : A. Sample forms ; B. Sample marital deduction testamentary trust.