NOVA SOUTHEASTERN UNIVERSITY
Shepard Broad Law Center
SYLLABUS FOR PROBATE LAW WORKSHOP
A. B.
COURSE NUMBER AND TITLE COURSE DESCRIPTION
Probate Law Workshop – LAW 0713 L01
This course provides an integration of the law of property, estates and trusts. The course covers substantive law governing, and procedural aspects of, probate and estate and trust administration. Areas of study include duties of attorneys and fiduciaries, creditors’ claims, surviving spouse’s elective share, pretermitted spouse and heir issues, homestead, sales and transfers of estate assets, accountings, and fiduciary income and estate and gift tax issues.
C.
TEXTBOOKS
West’s Florida Probate Code and Related Rules, 2005. Practice Under Florida Probate Code, 4th Edition, 2005, The Florida Bar.
D.
MEETING DATES AND TIMES
Wednesdays from 7:20 p.m. to 9:20 p.m., August 24, 2005 through November 30, 2005, except for October 12. There is no class the week of October 10, 2005.
E.
COURSE ACTIVITIES AND REQUIREMENTS
Prerequisites – Each student is responsible for making sure that he or she has satisfied all prerequisites for this course, including completion of wills and trusts. Prerequisites may not be waived. Attendance – The law center attendance policy prescribes the number of absences that you may have from this class. This class has 14 meetings. Please be sure that you sign the attendance sheet each week. An attendance sheet will be provided for each of the 14 meetings. Reading and Written Assignments and Composition of Grade- All written homework assignments (sometimes referred to in this syllabus as “written projects”) are due in person at the beginning of the class for which they have been assigned. All of these written projects, including all forms and all memoranda, are to be completed solely by the student submitting the written project. No written project is to be done as a group project. There will be six written projects due on the dates set forth below (with the first due date
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being September 21, 2005). Two of the six have two parts, so there will be eight written project grades. All written projects will be counted in calculating your grade for the course. Each written project will count as 10% of your grade for the course. Class participation will count as 20% of your grade. This syllabus is subject to change. Additional guidelines will be provided at the first class meeting. Sections of the Probate Code (and other statutes) in addition to those listed below may be assigned from time to time. Cases will be assigned from time to time. Please feel free to contact me at the email addresses or phone numbers set forth at the end of this syllabus if you have questions regarding the subject matter covered in the course or other issues related to the Probate Law Workshop.
F.
ASSIGNMENTS
CLASS ONEAssignment for August 24, 2005 (Introduction to and Overview of Probate Proceedings and Overview of Course and Materials; Probate v. Nonprobate Assets )
Reading: Chapters 1 and 2, Practice Under the Florida Probate Code.
CLASS TWOAssignment for August 31, 2005 (Functions of Personal Representatives, Lawyers, Curators, Administrators ad Litem and Guardians ad Litem; Practice and Procedure; Caveats; and Initial Steps in Probate Proceedings)
Reading: Chapter 1, Preliminary Considerations, Chapter 6, Sections 6.5, 6.6, and 6.22 through 6.43, Chapter 4, Functions of Lawyers and Personal Representatives, and Chapter 16, Curators, Practice Under Florida Probate Code. Read Sections 731.110, 732,603, 732.611, 733.101, 733.103, 733.201, 733.202, 733.212, 733.2121, 733.2123, 733.402, 733.403, 733.501, 733.6065, 733.607, 733.607, 732.5 12, and 732.515, Florida Statutes. Read Sections 731.011, 731.104, 731.201, 731.301, 731.302, 731.303, 732.109, 732.106, 733.601, 733.602, 733.603, 733.607, 733.608, 733.609, 733.610, 733.612, 733.613, 733.615, 733.616, 733.619, 731.103, 731.110, 732.513, 733.301. 733.302, 733.303, 733.304, 733.305, 733.306, 733.307, 733.308, 733.3101, 733.402, 733.403, 744.301, 744.3021, 744.391, 744.446, and 744.102(9), Florida Statutes.
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Read Probate Rules 5.015, 5.020, 5.025, 5.030, 5.040, 5.041, 5.042, 5.050, 5.060, 5.065, 5.080, 5.120, 5.170, 5.171, 5.180, 5.205, 5.120, 5.122, 5.530, 5.310, and 5.636. Read Probate Rules 5.010, 5.020, 5.041, 5.042, 5.050, 5.060, 5.210, 5.200, 5.201, 5.110, 5.205, 5.230, 5.235, 5.240, 5.241, 5.260, 5.320, 5.330, 5.342, and 5.404. Specifics for Project One will be handed out at end of class for completion by the beginning of class on September 21, 2005. (Documents Required to Initiate Probate Proceedings).
CLASS THREE Assignment for September 7, 2005 (Client Interview - Probate and Trust Issues; and Homestead)
Reading: Chapter 2, Practice and Procedure, and Chapter 5, Initial Steps in Probate and Administration, Practice Under Florida Probate Code. Read Sections 731.005, 731.201, 733.607, 733.608, 732.501,732.502, 732,503, 732.504, 732.507, 732.513, 732.101, 732.102, 732.103, 732.104, 732.105, 732.106, 732.107, 732.108, 732.302, 733.6065, 655.78, 655.79, 655.80, 655.82, 655.93, 655.933, 655.934, 655.935, 655.936, 655.937, and 737.111, 737.115, 737.308, 737.6035, 732.401, 732.4015, and 732.402, Florida Statutes. Read Probate Rules 5.404, 5.405, and 5.406. Specifics for Project Two, Part A, will be handed out at the end of class for completion by September 28, 2005. (Homestead Memo) Specifics for Project Two, Part B, will be handed out at the end of class for completion by September 28, 2005. (Homestead Petition and Order)
CLASS FOURAssignment for September 14, 2005 (Homestead and Exempt Personal Property)
Reading: Chapter 19, Homestead and Exempt Personal Property, Practice Under Florida Probate Code. Read Sections 737.111, 737.115, 737.308, 737.6035, 732.401, 732.4015, 732.402, 733.604, 732.402, and Section 737.6035, Florida Statutes.
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Read Probate Rules 5.404, 5.405, 5.406, 5.340, 5.341, 5.342, 5.494, 5.404, 5.405, and 5.406. Specifics for Project Three will be handed out at the end of class for completion by October 5, 2005. ( Exempt Property Petition and Order)
CLASS FIVE Assignment for September 21, 2005 (Inventory and Appraisal; Introduction to Elective Share)
Reading: Chapter 6, Inventory and Appraisal, and Chapter 7, Elective Share, Practice Under Florida Probate Code. Read Sections 733.604, 732.402, 737.6035, 732.101, 732.102, 732.103, 732.108, 732.201 through 732.2155, 732.301, 732.507, 732.512, 732.515, 732.603, 732.604, 732.607, 732.701, 732.702, 733.604, 732.402, and 737.6035, Florida Statutes. Read Probate Rules 5.340, 5.341, 5.342, 5.494, 5.404, 5.405, 5.406, 5.360, 5.340(f), and 5.341. Project One is due at the beginning of class on September 21, 2005. Specifics for Project Four will be handed out at the end of class for completion by the beginning of class on October 19, 2005. (Probate Inventory)
CLASS SIX Assignment for September 28, 2005 (Elective Share)
Study Elective Share Statute and Rules. Project Two is due at the beginning of class on September 28. (Homestead Assignments, Parts A and B)
CLASS SEVENAssignment for October 5, 2005 (Elective Share)
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Review all elective share reading assigned for February 16 and February 22. Read Sections 732.403, 733.701, 733.702, 733.703, 733.704, 733.705, 733.706, 733.707, 733.708, 733.710, 733.805, 733.806, 733.808, 737.3054, 737.3061, and 737.308, Florida Statutes. Read Probate Rules 5.407, 5.490 and 5.496. Project Three is due at the beginning of class on October 5, 2005. (Exempt Property Petition and Order) Specifics for Project Five will be handed out at the end of class for completion by the beginning of class October 26, 2005. (Elective Share Petition/Order and Elective Share Inventory Assignment) – (counts as 2 assignments)
CLASS EIGHTAssignment for October 19, 2005, (Elective Share; Creditor’s Claims, Family Allowance)
Reading: Chapter 8, Creditors Claims and Family Allowance, Practice Under Florida Probate Code. Read Sections 732.403, 733.701, 733.702, 733.703, 733.704, 733.705, 733.706, 733.707, 733.708, 733.710, 733.805, 733.806, 733.808, 737.3054, 737.3061, and 737.308, Florida Statutes. Read Probate Rules 5.407, 5.490 and 5.496. Project Four is due at the beginning of class on October 19, 2005. (Probate Inventory) Specifics for Project Six will be handed out at the end of class for completion by November 23, 2005. ( Creditors’ Claims Memos)
CLASS NINEAssignment for October 26, 2005 (Elective Share – review of assignments; Creditors’ Claims; Partial Distributions; Ancillary
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Administration)
Reading: Chapter 17, Ancillary Administration, and Chapter 13, Partial Distributions, Practice Under Florida Probate Code. Read Sections 733.610, 733.612, 733.6121, 733.613, 733.801, 733.802, 733.803, 733.805, 733.806, 733.808, 733.810, all of Chapter 734, and 737.209, Florida Statutes. Read Probate Rules 5.065, 5.350, 5.370, 5.470, 5.475, 5.345, 5.346, and 5.380. Project Five is due at the beginning of class on October 26. (Elective Share Petition and Elective Share Inventory)
CLASS TENAssignment for November 2, 2005 (Accountings; Introduction to Final Distribution and Discharge/Closing Estate Administration)
Reading: Chapter 12, Accountings, Practice Under Florida Probate Code. Read Sections 732.607, 732.802, 733.805, 733.808, 733.810, 733.811, 733.812, 733.814, 733.815, 733.817, 733.901, 733.903, 738.101, 738.102, 738.201, 738.202, 738.402 , 737.302, 737.303, 737.3035, 737.3053, and 737.307, Florida Statutes. Read Probate Rules 5.150, 5.345, 5.346, 5.395, 5.400, and 5.401.
CLASS ELEVENAssignment for November 9 , 2005 (Review of prior assignments; Creditors Claims proceedings; Overview of Fiduciary Income Tax Issues; Review of Estate Tax Issues including Form 706; and Apportionment of Estate Taxes)
Read Section 733.817, Florida Statutes. Read Probate Rules 5.395 and 5.496. Read pages Chapter 11 regarding payment of estate taxes, Practice Under Florida Probate Code.
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CLASS TWELVEAssignment for November 16, 2005, (Property Management Issues, Sales and Transfers, Ancillary Administration, Final Distribution and Discharge of Personal Representative)
Reading: Chapter 9, Management of Decedent’s Property, Chapter 10, Sales and Transfers of Estate Assets, and Chapter 14, Final Distribution and Discharge, Practice Under Florida Probate Code.
CLASS THIRTEENAssignment for November 23, 2005 (Final Distribution and Discharge of Personal Representative; Compensation of Personal Representatives and Attorneys)
Read Sections 733.106, 733.617, 733.6171, 733.6175, 737.2035, 737.204, 737.2041, 737.4033, 732.607, 732.802, 733.805, 733.808, 733.810, 733.812, 733.814, 733.815, 733.901, and 733.903, Florida Statutes. Read Probate Rule 5.355. Review Chapter 14, Final Distribution and Discharge, Practice Under Florida Probate Code. Read Chapter 15, Compensation of Personal Representatives and Attorneys, Practice Under Florida Probate Code. Project Six is due at the beginning of class on November 23, 2005. (Creditors’ Claims Memos)
CLASS FOURTEENAssignment for November 30, 2005
Creditors’ Claims oral arguments and Elective Share oral arguments. Summary Administration.
G.
I.
COURSE GOALS AND LEARNING OUTCOMES
Course Goals (a) To assure that students possess a thorough understanding of the laws and rules governing settlement of decedent’s estates.
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(b) To increase the students’ understanding of the role of the courts during the settlement of decedent’s estates. (c) To assure that students understand their obligations as lawyers for personal representatives and as officers of the court. (d) To increase the students’ understanding of the rights of estate beneficiaries and the obligations of the personal representatives. II. Learning Outcomes - Upon completion of this course, students will: (a) Demonstrate a clear and thorough understanding of the law governing and procedures necessary to commence, administer, and complete estate proceedings; and (b) Be able to accurately prepare pleadings necessary for the proper and prompt settlement of decedent’s estates.
H.
PROFESSOR
Professor Landau Email - landaub@nsu.law.nova.edu landau@nsu.nova.edu Phone - 561-684-8615 954-262-5133
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