LEGA 2140 - Estate Administration & Elder Law in Michigan

Credit Hours: 3.00

Objectives:

1. Identify issues of elder law.
2. Define issues of elder law.
3. Apply issues of elder law to a factual scenario.

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 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 among 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 differences among 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 among 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 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.

Outcome 8: Upon completion of this course, students will be able to prepare documents for guardianship proceedings.

Objectives:

1. Gather client’s information.
2. Differentiate among types of adult guardianships and types of minor guardianships.
3. Locate appropriate forms for preparing petitions for guardianships.
4. Organize documents for guardianships.
5. Prepare appropriate forms for guardianships.

Outcome 9: Upon completion of this course, students will be able to prepare documents for conservatorship proceedings.

Objectives:

1. Gather client’s information.
2. Differentiate among types of adult conservatorships and types of minor conservatorships.
3. Locate appreciate forms for preparing petitions for conservatorships.
4. Organize documents for conservatorships.
5. Prepare appropriate forms for conservatorships.

Outcome 10: Upon completion of this course, students will be able to process necessary information for Social Security, Medicare, and Medicaid applications.

Objectives:

1. Gather client’s relevant information.
2. Distinguish among types of Social Security benefits and beneficiaries.
3. Determine eligibility for Social Security, Medicare, and Medicaid benefits.
4. Organize documents for application process.

• 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. Conservatorships and Guardianships
   • Requirements for adult and minor guardianships
   • Requirements for adult and minor conservatorships
   • Forms required.
   • Process for application and obtaining guardian/conservator
3. General Overview of Elder Law Issues
   • Competency
   • Cultural and generational issues
   • Medical issues
   • Housing issues
   • End of life decisions
   • Physical and financial abuse of elderly individuals
   • Medicare and Medicaid
4. Medicare, Medicaid, and Social Security Issues
   • Distinction between types of Social Security benefits and beneficiaries
   • Distinction between Medicare and Social Security benefits and beneficiaries
   • Eligibility requirements for Medicare, Medicaid, and Social Security benefits
   • Process of applying for Medicare, Medicaid, and Social Security benefits
5. 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
6. 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
7. Trusts
   • Types of trust
   • Elements of a trust
   • Distinction between revocable and irrevocable trusts
8. Wills
   • Types of wills
   • Elements for holographic wills
   • Requirements/clauses for formal wills
9. Estate Administration
   • Formal versus informal proceedings for estate administration
   • Probate forms required
   • Probate proceedings
10. 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