LEGA 2140 - Estate Administration & Elder Law in Michigan

Credit Hours: 3.00

Objectives:

1. Identify the components of elder law.
2. Define the components of elder law.
3. Classify the components of elder law.

Outcome 2: Upon completion of this course, students will be able to categorize the different types of classes of property.

Objectives:

1. Define real property, personal property, tangible property, and intangible property.
2. Distinguish the differences between real property, personal property, tangible property and intangible property.
3. Classify characteristics between tangible property and intangible property.

Outcome 3: Upon completion of this course, students will be able to explain the differences between the passage of real property by operation of law, by will, by trust, and by court proceedings.

Objectives:

1. Identify the passage of real property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).
2. Distinguish between the passage of real property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).
3. Define concepts of passage of real property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).

Outcome 4: Upon completion of this course, students will be able to explain the differences between the passage of personal property by operation of law, by will, by trust, and by court proceedings.

Objectives:

1. Identify the passage of personal property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).
2. Distinguish between the passage of personal property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).
3. Define concepts of passage of personal property by operation of law (intestate succession), by will (testate succession), by trust (living and testamentary), and by probate court proceedings (decedent’s estates and conservatorships).

Outcome 5: Upon completion of this course, students will be able to analyze the process of estate planning under the Estates and Protected Individuals Code (EPIC).

Objectives:

1. Identify Michigan law under EPIC.
2. Apply Michigan law under EPIC to a client’s situation.
3. Explain Michigan law under EPIC.
4. Explain various components of probate law.
5. Explain various components of elder law.
6. Apply probate law to various scenarios.
7. Apply elder law to various scenarios.

Outcome 6: Upon completion of this course, students will be able to prepare documents for estate planning in probate and in elder law situations.

Objectives:

1. Define estate planning.
2. Gather client’s information concerning his/her estate.
3. Locate appropriate forms for preparing an estate plan.
4. Discuss ethical issues in estate planning.
5. Identify ethical issues in estate planning.
6. Explain the purposes of the estate planning documents.

Outcome 7: Upon completion of this course, students will be able to prepare documents for probate court proceedings and elder law estate planning.

Objectives:

1. Gather client’s information.
2. Locate appropriate forms for preparing petitions applications for probate proceedings.
3. Differentiate between informal and formal probate proceedings.
4. Organize documents for probate court proceedings.
5. Organize documents for estate planning for elders.

• Communication: The graduate can communicate effectively for the intended purpose and audience.
• Critical Thinking: The graduate can make informed decisions after analyzing information or evidence related to the issue.
• Global Literacy: The graduate can analyze human behavior or experiences through cultural, social, political, or economic perspectives.
• Information Literacy: The graduate can responsibly use information gathered from a variety of formats in order to complete a task.
• Quantitative Reasoning: The graduate can apply quantitative methods or evidence to solve problems or make judgments.
• Scientific Literacy: The graduate can produce or interpret scientific information presented in a variety of formats.

1. General Overview of Estate Planning and Estate Administration
   • Estate and Protected Individuals Code (EPIC)
   • Definitions of terms used in EPIC
   • Probate law
2. General Overview of Elder Law
   • Competency
   • Cultural and generational issues
   • End of life decisions
   • Physical and financial abuse of elderly individuals
   • Medicare and Medicaid
3. Sources of Property Real and Personal
   • Distinction between real and personal property
   • Distinction between tangible personal property and intangible personal property
   • Identification of personal property and real property
4. The Laws of Succession
   • Distinction between intestate succession and testate succession
   • Passage by operation of law
   • Passage by will
   • Passage by trust
   • Passage by court proceedings
5. Trusts
   • Types of trust
   • Elements of a trust
   • Distinction between revocable and irrevocable trusts
6. Wills
   • Types of wills
   • Elements for holographic wills
   • Requirements/clauses for formal wills
7. Estate Administration
   • Formal versus informal proceedings for estate administration
   • Probate forms required
   • Probate proceedings
8. Taxation
   • Tax aspects in decedent’s estates
   • Various forms that may be needed in estate proceedings
   • Various forms that may be needed in elder law