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Law 20 - Probate - Section #3204
Class meetings: Mondays, 6:50-10 pm, Inst. 2004
Prof Manny Rose - Activities - Textbooks
Read Dear Online Student - Study Guide and Welcome Message
Instructor: Prof. Manny Rose
Office: No on campus office
Office hours: Before or after class on Mondays, or by appointment.
Phone: 818-384-1911
Email: legaleagle53@hotmail.com
Activities http://duedates.pbworks.com
Etudes site http://etudes.org
Textbook: How to Probate an Estate in California by Julia Nissley - 22nd Edition - ISBN Publication Date: March 29, 2013| ISBN-10: 1413318290 | ISBN-13: 978-1413318296| Edition: Twenty second Edition
Index of book - http://abogado.pbworks.com/w/page/44151233/probate-book-index
Chapter 1 of Textbook: http://abogado.pbworks.com/w/page/44181297/probate-chapter-1
Course Description: Study of the fundamental principles and methods of fact gathering, office procedures, and required court work involved in the handling of probates of both testate and intestate decedents, as well as the administration of estates in California Probate Courts.
Course Organization: Law 20 is organized into assignments, quizzes, probate forms, and class participation.
Distribution of Grades
Probate Law - Fact Pattern for All Probate Forms - probate forms
Distribution of Grades
Tests - 25% of your grade
Assignments - 25% of your grade
Probate Forms - 35% of your grade
Class participation - 15% of your grade
A grade of C or greater is required to pass the class
Week 1 - Due 9/14/14
Week 2 - Due 9/21/14
- Read chp 2 "first steps in handling an estate"
- Review steps in conducting a probage of an estate - law20steps.htm
- #1 Prepare simple will
- #2 Calculate attorneys fees
- #3 Probate court location - see - http://www.profj.us/information/probate/
- #4 - Name of Executor
- weekly forum discussion
Week 3 - Due 9/28/14
Read chap 3 "heirs and beneficiaries" - chp34notes.htm
Week 4 - Due 10/5/14
- Read chp. 4 "decedents estates: - chp34notes.htm
- Read "How to settle a simple estate" - law20settle.htm
- test B - chp. 3 & 4
- weekly forum discussion
Week 5 - Due 10/12/14
Week 6 - Due 10/19/14
Week 7 - Due 10/26/14
- read chp. 7 "taxes"
- #8 prepare DE-147 for "Duties of the Administrator"
- weekly forum discussion
Week 8 - Due 11/2/14
- read hp. 8 "transferring title to real property"
- Review probate rules chp 10 - part 1, 2, 3, and 4
- #9 - prepare DE -150 "Letters"
- #10 - Petition for Waiver
- weekly forum discussion
Week 9 - Due 11/9/14
- read chp. 9 "transfer of securities"
- #11 - prepare DE -157 Notice of Administration
- Test D - Chp. 8, 9 & 10
- weekly forum discussion
Week 10 - Due 11/16/14
- read chp. 10 "joint tenancy property"
- #12 - prepare DE -160 Inventory and Appraisal
- weekly forum discussion
Week 11 - Due 11/23/14
- read chp. 11 - "transferring small estates"
- #13 - prepare DE -161 Inventory and Appraisal and Attachment #1
- Test E - chp. 11, 12 & 13
- weekly forum discussion
Week 12 - Due 11/30/14
- read chp. 12 - "transferring trust property"
- #14 - prepare Petition for Final Distribution
- weekly forum discussion
Week 13 - Due 12/7/14
- read chp. 13 - "overview of the probate court process"
- read chp. 14 - "Conducting a simple probate"
- Test F - chp. 14 & 15
- weekly forum discussion
Week 14 - Due 12/14/14
- #15 - prepare Order of Final Distribution
- weekly forum discussion
Learning Outcomes:
Upon successful completion of this course, a student will be able to:
1. Brief law cases in probate law will disputes, administration of estates, fiduciary duties of administrators, executors, and beneficiaries, tax related matters, disputes over distribution of assets, and liabilities, jurisdictional issues, and final distribution and closing of the estate and continuing liability.
2. Critically analyze and argue issues in probate law including the issues listed above in #1.
3. Prepare legal documents, forms or papers related the the probating of an estate including Notice to Creditors, Petition for Probate, Inventory and Appraisals, Orders of Distribution, and Final Closing of the Estate.
Students will read probate law cases and write a case brief demonstrating their understanding and application of the essential facts and rules of law and legal principles of the case. see case brief rubric athttp://missionparalegal.pbworks.com/briefing
Estimated Time per Week: 10 hours (see Carnegie Rule)
Class format: The class is entirely on campus. However, you will submit your work through the etudes website.
To be a successful on campus student, you need to do schedule a regular time for studying, read and complete your work by posting it under the etudes website.
Technical Requirements: The minimum computer requirements are: Computer, either a Macintosh or IBM compatible; modem, minimum 28.8, broadband or high speed internet access is preferred and is required to view the videos. Software: Web browser software, preferably Firefox 3.5 or Internet Explorer 8, an e-mail address and a word processing program.
Get Firefox: http://www.mozilla.com/en-US/firefox/all.html
Get Internet Explorer: http://www.microsoft.com/windows/Internet-explorer/default.apx
Get a free email account at: www.mail.google.com
Students who do not have regular computer access may use computers in the campus Learning Resource Center. Be sure to save all your papers and assignments on a flash drive.
Course Login: http://etudes.org
Contacting Your Instructor: I check my email several times a day and respond to emails within 24 hours. Please don’t hesitate to contact me with any questions; email me at legaleagle53@hotmail.com in the subject line put: Law 20 #3204. I am also available by telephone on Wednesdays, 4:00 – 5:00 PM. and also before or after on campus classes on Mondays.
EXPECTATIONS FOR WRITTEN WORK:
VOCABULARY - You are expected to read and understand the material presented in the assigned text and articles you locate.
FORMAT - Papers submitted should be written in accordance with the APA, Bluebook, or other recognized formatting style.
GRAMMAR - Use active voice in your writing. Also use the spelling and grammar check feature of your Word Processor before submitting your papers.
Homework Assignments: Assignments require you to read and brief law cases. Read the information on"briefing law cases". Below is the grading rubric for your case "briefs"
CASE BRIEF GRADING RUBRIC
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Outstanding
A
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Proficient
B
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Adequate
C
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Inadequate
D/F
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Case Name and Citation
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Complete case name and properly formatted citation appear at the top of the case brief
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Complete case name is provided but citation is incomplete
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Complete case name is provided but no citation is give
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Neither the case name nor the citation appears at the top of the case brief OR both case name and citation are incorrect.
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Operative Facts
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Operative facts are relevant to the issue being examined by the court and are logically organized.
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Facts are relevant to the question being answered but lack coherence or organization.
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Irrelevant facts are included. Lack of logical organization.
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Relevant facts are omitted or lost in discussion of unrelated information.
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Procedural Facts
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Procedural history of the case is clearly and logically presented in proper chronology.
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Procedural history of the case is presented but chronology is confusing.
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Some procedural history is presented.
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No procedural history is presented.
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Issue/Short Answer
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Includes all elements (applicable law, issue being examined and relevant facts) in a well crafted, grammatically correct question.
Answer responds to question being posed.
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Issue is separately articulated, but does not include all elements; applicable law, issue being examined and relevant facts.
Answer responds to question being posed.
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Issue is not separately articulated, but implied through description of facts or discussion of law.
Answer does not respond to question being posed.
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Issue is not articulated
No answer is given.
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Law
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Law is correct and is relevant to the question being answered. Rule(s) of law succinctly paraphrased rather than quoted.
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Law is correct and is relevant to the question being answered, but is not paraphrased
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Rules of law are used in providing answer, but it is unclear if writer understands the law and is properly applying it.
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Rules of law are omitted from answer or incorrect law is used.
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Rationale
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The court’s reasoning is presented in a clear and logical fashion, leading the reader to an understanding of the rationale behind the law.
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Law is applied to the facts, but the underlying rationale is not clear.
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Analysis is unclear, causing the reader to question whether the law is correct.
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No analysis of the law is given.
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Writing Mechanics
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Sentence structure, grammar, punctuation are substantially correct.
Each component‘s material is logically organized and presented in a clear, concise manner.
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Sentence structure, grammar, punctuation are substantially correct.
Organization is logical but needs better consistency and clarity.
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Adherence to rules of writing is poor.
Material lacks organization and/or is unclear, making it difficult to understand.
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Rules of writing are ignored or misunderstood.
No apparent logic to the organization of the material. Writing lacks clarity.
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**above adopted from case grading rubric - AAFPE.org website
Students who plagiarize will receive zero credit on the assignment.
Quizzes: The class is divided into weekly quizzes This is 25% of your grade.
Assignments: This class is divided into weekly assignments. This is 25% of your grade
Probate Forms : This class is divided into the preparation of Probate Forms. This is 35% of your grade
Class Participation - This is 15% of your grade.
Late Assignments Our "Late Work" Policy is firm.
Grading Policy: Letter grades will be determined based upon the following:
Grade Distribution
Tests - 25% of your grade
Assignments - 25% of your grade
Probate Forms - 35% of your grade
Class Participation - 15% of your grade
Grade Scale: A 90-100
B 80-89
C 70-79
D 60-69
F ≤ 60
Please note that a grade of C or higher is required for each of the 12 paralegal certificate classes.
Points will be posted on the class website after each activity closes.
Reasonable Accommodation: For students requiring accommodation the DSPS office provides special assistance in areas like: registering for courses, specialized tutoring, note-taking, mobility assistance, special instruction, testing assistance, special equipment, special materials, instructor liaisons, community referrals, and job placement. The phone number for the Office of Students with Disabled Student Programs and Services is: (818) 364-7732 and also their website at http://lamission.edu/dsps
Check Academic Calendar for important dates
Website opens on Monday 9/1/14 @ 8 am
After September 8, 2013 please note : This is an earlier and revised deadline. A “W” will appear on your transcript record after this date. This is a new LACCD enrollment limit. The limit is now three times to take a class and includes both substandard grades and withdrawals.
Drop classes with a “W” - Letter grade is required after this date and forward
If you stop attending a class (or wish to drop a class), YOU MUST DROP THE CLASS YOURSELF ONLINE– OFFICIALLY – Failure to do so may result in a grade of “F” in that class.
REGISTRATION INFORMATION Website – http://www.laccd.edu (Student Information System)
Admission Regular Office Hours (Subject to change) Monday and Thursday – 8am-5pm Tuesday and Wednesday – 8am-7pm Friday – 8am-12noon
REMINDER: There is a new LACCD enrollment limit. The limit is now three times to take a class and includes both substandard grades and withdrawals. (See Important Notice, page 3 of the College Catalog)
New 3 Repeat Rule
IMPORTANT NOTICE
All Students Please Read
Beginning Summer 2012: New 3 Repeat Rule
EFFECTIVE SUMMER 2012, course withdrawal (“W”) or a substandard grade (“D,” “F,” or “NP”) count as an attempt at a course. Only three attempts at any one course will be allowed, with some exceptions. Listed below are the new rules that all students need to know about.
• Students who drop or are excluded after the last day to drop without a grade of “W” will have a “W” appear on their transcript. The “W” will count as an attempt for that course.
• For the Fall semester, September 8, 2013 is the last day to drop a 16-week semester length class without a “W.” Students will be able to drop a class online until this date. Contact the office of Admissions and Records for deadlines on late start, short-term and special program classes.
• A course in a student’s transcript which currently shows a recorded “W” counts as an attempt for that course.
• Students will not be allowed to register for any course within the LACCD if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• Add permits for a course within the LACCD will not be processed if there are three recorded attempts for that course in any combination of W, D, F, or NP grades.
• For courses specifi cally designated as “repeatable,” students may repeat up to three times (See Title 5 California Code of Regulations sections 55040, 55041, 58161).
• Where the student’s number of enrollments in a course exceeds the allowable amount, the student may petition for an additional enrollment in cases of extenuating circumstances.
What students should do:
• Be sure you are academically ready for classes you enroll in.
• If you must drop a course, drop before the specified deadline for dropping a class without a grade of “W.”
SPECIAL ACCOMMODATIONS
If you require special accommodations for a disability, religious holiday, or any other reason please inform your instructor(s) within the first week of the course and we will accommodate you if at all possible. For accommodations due to disability, you must consult with the Disabled Students Programs and Services Office after which we will abide by their recommendations.
COLLEGE RESOURCES FOR LAMC STUDENTS
see http://lamission.edu/de/student-services
Admissions and Records: Students can register for classes, request transcripts, file
petitions for graduation, and drop classes at this office. For more information call 818-833-3322 or visit:http://www.lamission.edu/admissions/
Assessment Center: Offers student assessments in English, English-as-a-Second-Language (ESL) and Mathematics. Please contact the Assessment Center at (818) 364-7613 for more information or visithttp://www.lamission.edu/assessment/
Bookstore: For hours of operation, book availability, buybacks, and other information call 818-364-7767 or 7768 or visithttp://eagleslanding.lamission.edu/default.asp
Counseling Department: For appointments and information call 818-364-7655 or visit
http://www.lamission.edu/counseling/
Disabled Students Programs and Services (DSP&S): For appointments, eligibility and
information call 818-364-7732 or visit http://www.lamission.edu/dsps/
Extended Opportunity Programs and Services (EOP&S): For appointments, eligibility and information call 818-364-7645 or visit http://www.lamission.edu/eops/
Financial Aid: For information and applications call 818-364-7648 or visit
http://www.lamission.edu/financialaid/
Library: For information on hours, resources, workshops, and other services contact 818-364-7106 or visithttp://www.lamission.edu/library/
STEM Office: For information on free tutoring, resources and academic counseling for
STEM (Science, Technology, Engineering, and Technology) students visit: http://www.lamission.edu/stem
Tutoring Services in Learning Center: Laboratories for Learning, Writing, Math &
Science. Walk-in and appointment services offered. Call 818-364-7754 or visit
www.lamission.edu/learningcenter/
Three Attempt Limit
A new state policy in effect as of 2012 limits students to three attempts per course.
Receiving a grade or a "W" for a course counts as an attempt, regardless of when the course was taken. Withdrawal by the deadline to avoid a "W" will not count as an attempt.
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