After reading Chapter 1 and reviewing the web resources, what did you learn about estate planning that surprised you?
After reading Chapter 1 and reviewing the web resources, what did you learn about estate planning that surprised you? What did you find the most interesting? What would you like to learn more about? Please respond to at least two of your classmates’ posts.
Here are two excellent resources that explain estate planning.
Resources
Estate Planing.com. (2020). What is estate planning? https://www.estateplanning.com/What-is-Estate-Planning/
Dunn. S. J. (2010.). Estate planning overview and objectives. Forbes. http://www.forbes.com/sites/stephendunn/2010/12/10/estate-planning-overview-and-objectives/
DQ2 Throughout this course, many discussion opportunities come up where you need to respond to other people’s opinions and comments. Address the Discussion topic after you have completed your reading.
In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics..
Topic 2: Case Study
Read this case study.
A wealthy man died owning two homes in two neighboring states. As he aged, he spent more and more time in what was originally his vacation home, until by the date of his death he spent approximately six months each year in each home. In attempting to establish domiciliary and ancillary jurisdiction for the estate, each of the states claimed domicile. After lengthy court battles, the end result was that each state determined that he was domiciled in its jurisdiction, and the estate was doubly taxed. In re Dorrance Estate, 170 A. 601 (N.J. Prerog. Ct. 1934), and In re Dorrance Estate, 163 A. 303 (Pa. 1932).
How would you go about documenting a person’s domicile to distinguish it from his other residences and thus avoid a situation like the Dorrance estate?
Post your response on the Discussion Board and respond to at least two of your classmates’ posts.
Resources
Randolph, M. (2020). What is your domicile? NOLO. http://www.nolo.com/legal-encyclopedia/what-is-your-domicile.html
Reichert, C. J. (2003). Principal residence—Which home is it? Journal of Accountancy. https://www.journalofaccountancy.com/issues/2003/oct/principalresidencewhichhomeisit.html
PA221 Wills, Trusts, and Estate Planning
Unit 2 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Probate vs. Nonprobate Property
What is the significance of property being classified as probate or non-probate property? How do you determine whether property is probate or nonprobate property?
DQ2 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 2: Joint Tenancy
How does joint tenancy differ from tenancy in common and tenancy by the entirety? What are some of the advantages of joint tenancy? What are some of the disadvantages of joint tenancy?
PA221 Wills, Trusts, and Estate Planning
Unit 3 Discussion
In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic: Your State’s Intestate Succession Laws
Mary Morrison dies intestate in your state. She had three children: Sue, Barbara, and Jackson. Sue and Barbara each have two children. Sue’s two daughters are Julie and Jenny. Barbara’s two sons are Craig and London. Jackson died six months before Mary and he had three children, Mark, Luke, and Ben. Answer the following questions according to your state intestate succession statute: Who receives Mary’s property? What portion does each heir receive? Is the inheritance per stirpes or per capita? Be sure to provide the citation to your state’s statute at the end of your response.
Here is an article with links to all 50 states:
Justia US Law. (2020). U.S. laws, codes and statutes. http://law.justia.com/codes/
Intestate Succession Process
In the Purdue Global library, access Westlaw and research your state statutes to see how the state treats illegitimate children in the intestate succession process. Report your findings here and provide the citation to your state’s statute
An interesting article on the Illegitimacy issue:
Nolo. (2020). Inheritance and other legal rights of children of unmarried parents. http://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter7-8.html
PA221 Wills, Trusts, and Estate Planning
Unit 4 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Power of Attorney and Wills
Topic 1: Testamentary Capacity
In all states, a testator must be of majority age and sane (have the required testamentary capacity) to execute a valid will. Many states use the term of “of sound mind” when defining testamentary capacity. What is the test generally used by courts to determine whether a person has sound mind? If you client has episodes of delusions can he or she still execute a will? Explain.
Review and comment on at least three of your classmates’ postings as well.
Resources
American Bar Association. (2014). Making a Will. http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/wills/chapter_3.authcheckdam.pdf
Ratner, T. (2013, April). Testamentary capacity: The concept of ‘sound mind’ is not a black-and-white matter. Ageright.org. http://ageright.org/?s=Testamentary+Capacity
DQ2 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Power of Attorney and Wills
Topic 2: Writing a Will
You have had a will written by an attorney. You wish to make a modification to the will. Explain how you could get this accomplished. Then assume that you wish to revoke or terminate the will instead. Explain how you could accomplish this task.
Please review and respond to at least two of your classmates’ posts.
Resources
American Bar Association. (n.d.). Changing your mind. https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/wills/chapter_9.authcheckdam.pdf
Funk. C. (2018). How to write a codicil to a will. LegalZoom. https://info.legalzoom.com/article/how-write-codicil-will
Randolph, M. (2018). Want to revoke your will? The best way to make a new will. https://www.nolo.com/legal-encyclopedia/revoking-will-35012.html
PA221 Wills, Trusts, and Estate Planning
Unit 5 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics..
Topic 1: Famous Estates
Even the rich and famous die without estate planning or with inadequate planning. Read this article and learn about some those famous people who failed to plan properly.
Burenga, J. (2013, December). Famous people who failed to properly plan. Business People, 26(2), 56. http://search.ebscohost.com.libauth.purdueglobal.edu/login.aspx?direct=true&db=bth&AN=92987907&site=eds-live
Chose one of the persons discussed and this article and do some additional research about their estate and how they failed to properly plan. Report your findings back to the class and discuss what could have been to prevent the outcome.
Post your response and respond to at least two classmates.
DQ2 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics..
Topic 2: What Have You Learned?
In Unit 1 you discussed things that you learned in the first chapter that surprised you. Now that you are halfway through the course what other things after Unit 1 have you learned that surprised you or that you found interesting?
Post your response and respond to at least two classmates.
PA221 Wills, Trusts, and Estate Planning
Unit 6 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Trusts and Wills
What can a client accomplish with a trust that they cannot accomplish with a will? What can a client accomplish with a will that they cannot accomplish with a trust? Which would be better for you and why?
Post your thoughts and responses here and engage in discussion with your classmates.
Review and respond to at least two of your classmates’ posts.
Resources
Jarrell, M. (2020, April). Will vs. trust: What’s the difference? https://www.investopedia.com/articles/personal-finance/051315/will-vs-trust-difference-between-two.asp
Garber, J. (2019, August). Living will vs. living trust: Which estate-planning option is right for you? https://www.thebalance.com/living-will-vs-living-trust-3505198
DQ2 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 2: Spotlight on the Profession
Please interview a paralegal or attorney working in the area of estate planning and administration, and report three things that you learned from your interview. Did anything surprise you? What did you find especially relevant to your role as a paralegal professional?
Please review and respond to at least two of your classmates’ posts.
PA221 Wills, Trusts, and Estate Planning
Unit 7 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are important to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic 1: Informal Probate
Does your state permit informal probate? If it does, prepare a brief summary of the statute with its citation and post it here along with your general answer. If your state does not permit informal probate, search the statutes for states in your geographic area until you find one that does and prepare a brief summary of that statute.
Please review and respond to at least two of your classmates’ posts.
Resource
Bird, B. (2019, April). What Is an informal probate? PocketSense. https://pocketsense.com/informal-probate-7250.html
DQ2 Topic 2: Claims Against the Estate
Scenario
Don, a Washington resident, died in January, 2000 with an estate valued at $50,000. He left his whole estate to his son Edwin, whom he also named as personal representative. Edwin applied for letters testamentary and these were issued. Shortly thereafter, he published the statutorily required notice to creditors in the newspaper. No claims were filed within four months and, since Don’s estate was well below the level that would incur any death taxes, Edwin distributed the $50,000 (less administrative expenses) to himself in August and closed the estate. He then invested the money in the stock market.
In October 2000, the stock market crashed rather severely, and Edwin’s investment dropped to half the value he had invested. Not too long after that, Edwin received a letter from a former business associate of his father. The letter stated that this associate, Fred, had just learned of Don’s death, that Fred had loaned $40,000 to Don in 1999, and that the note he held from Don came due in January 2001. Edwin had seen some correspondence relating to such a loan when he had gone through his father’s papers, but nothing that indicated whether the loan had ever been finalized
Answer the following questions:
Based upon Washington state law, is Don’s estate liable for the loan? Is Edwin?
What if this situation occurred in your state? See if you can locate the relevant state statute and any case law that might be helpful in answering this question. Then comment on your research into your own state’s laws. If you happen to live in Washington state, pick a neighboring state’s statutes to review.
Take time to review and comment on at least two of your classmates’ responses.
Resources
Washington State Probate. (n.d.). (2012). Is a probate necessary? http://www.wa-probate.com/Instructions/Is-Probate-Necessary.htm#First
Randolph, M. & Keene, V. (2020). Washington probate: An overview. Nolo. https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.html
PA221 Wills, Trusts, and Estate Planning
Unit 8 Discussion
In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are paramount to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Topic: Wills: Federal Law vs. State Law
Sally and Harry have been married for fifteen years. Both want to make sure their wills are in place in the event of either’s demise. Harry has made the Navy his career and although he does not go out to sea much, he has recently been called to sea and has some spare time on his hands. He wants to have peace of mind and write his will while on a naval ship.
Review pages 113–114 of your text wherein it discusses Section 5.4 Soldiers’ and Seamen’s Wills. Discuss whether you think the will should be valid under federal law versus state law.
PA221 Wills, Trusts, and Estate Planning
Unit 9 Discussion
DQ1 In the interest of conducting a lively, engaging discussion, please keep the following in mind:
Opposing viewpoints are paramount to any vibrant discussion, but remember to use internet etiquette and be respectful of your classmates’ views and opinions. Provide constructive feedback or ask clarifying questions if you do not understand a classmate’s comment. Most importantly, have fun interacting with the unit content, your classmates, and your instructor!
For Discussion Board requirements, refer to your course Syllabus or to the Discussion Board Rubric, posted under Grading Rubrics.
Uniform Law Commissioners and Guardians
Topic 1: The Uniform Law Commissioners
After reading about the Uniform Law Commissioners, answer the following questions:
What are your thoughts on this body?
Do they serve a useful function or not?
Post your thoughts here. Review and respond to at least two of your classmates’ posts.
Resource
Uniform Law Commissioners. (2020). About the ULC. https://www.uniformlaws.org/aboutulc/overview
DQ2 Topic 2: Appointing a Guardian
Now that you have read about appointing guardians, find the guardianship laws that relate to guardianship of minor children in your state’s statutes. Read your state’s statutes, and then submit a post that summarizes your state’s rules and procedures for appointment of a guardian for minor children. Be sure to include a citation to your state’s statute in proper Bluebook form. Also, respond to your classmates’ postings.
Use the following article to begin your research:
Review the article “7 Things to Consider When Naming a Guardian for Your Minor Children.”
Garber, J. (2019, Nov. 20). 7 things to consider when naming a guardian for your minor children. https://www.thebalance.com/how-to-choose-a-guardian-for-your-minor-children-3505435
Once you have read about your state’s statutes, you may retrieve the actual statute from Westlaw.
Comment, A Survey of State Guardianship Statutes: One Concept, Many Applications, 18 J.Am.Acad. Matrim.Law 253 (2002).
Please review and respond to at least two of your classmates’ posts.
Here is a link to the law and procedure in Colorado. Please find the law in your State:
Colorado Judicial Department website. Instructions for appointment of a Guardian –Minor. (2012). http://www.courts.state.co.us/Forms/renderForm.cfm?Form=307
PA221 Wills, Trusts, and Estate Planning
Unit 10 Discussion
Throughout this course, many discussion opportunities come up where you need to respond to other people’s opinions and comments. Then respond to your Discussion topic after you have completed your reading.
Course Reflection
Share with your classmates at least one thing you have absorbed from PA221. If you are not already working in the field, after taking the class, do you think Wills, Trusts, and Estate Planning is an area in which you might be interested?
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