Southern Utah University

Course Syllabus

Southern Utah University
Southern Utah University
Fall Semester 2025

Estate Planning and Probate Law (Online)

LEGL 2100-30I

Course: LEGL 2100-30I
Credits: 3
Term: Fall Semester 2025
Department: PSCJ
CRN: 32430

Course Description

Law and theory of estate planning, probate, and options of probate with emphasis on wills, trusts, community property agreements, gifts, estate taxation, probate procedures, and administration and accounting.

Required Texts

Title:Wills, Trusts, and Estate Administration, 9th Edition, Copyright © 2022
Authors:Janis Walter, Emma Wright Fletcher
Availability:Available through the SUU Bookstore and at most book sellers. Also available in print and digital versions from Cengage (cengage.com).
NOTE: If you have more than one text from Cengage, then consider the Cengage Unlimited option, which allows you access to dozens of books at one price.

Learning Outcomes

  • Understand and explain the different methods by which property transfers at death, including wills and trusts.
  • Understand and explain lifetime planning tools including life estates, joint ownership, Totten Trusts, conditional transfers, powers of attorney, living wills, and health care proxies.
  • Understand and explain lifetime planning tools including life estates, joint ownership, Totten Trusts, conditional transfers, powers of attorney, living wills, and health care proxies.
  • Understand and explain the various roles and ethical considerations in the administration of a trust.
  • Understand and explain the process of probating and administering an estate.
  • Prepare documents for simple estates to include powers of attorney, living wills, health care proxies, and simple wills and trusts, and lawfully execute those documents.

NOTE: Chapter Outlines and Learning Outcomes will be presented in each module.

Course Requirements

As noted elsewhere, we have a 16-week semester and 15 chapters in our textbook to cover. That means we will cover one chapter each week (See listing above). The textbook material is included as part of a Module for the particular subject we are studying. Ensure you are familiar with the contents of each module and work to complete all gradable assignments. With that in mind, here are the basic requirements to complete this course. Unless otherwise noted, each module must be completed within the week of the module.

Each module will include a reading assignment from your textbook. There may also be supplemental readings, with most of those being included as part of this coursepack. Most modules will use an exam (multiple choice) to evaluate your new understanding. Some modules will use demonstrative productions (i.., you will create something) to show that you can perform specific legal tasks.

Due dates, initially, will be as follows:

  • Module exam every Monday*
  • Demonstrative assignments due on Monday following the end of the module.

There is no midterm exam.

A final comprehensive exam will appear no less than a week before it is due.

Course Outline

This course is approximately 16 weeks long. Our chosen textbook has 15 chapters. Logically, based on that information, we will cover one chapter per week. Presented below is the expected outline of the chapters we will cover. Assign each chapter to a corresponding week in the first 15 weeks of the Fall 2025 semester.

  • Week 1 -- Chapter 1. The Estate Plan and the Purpose and Need for a Will
  • Week 2 -- Chapter 2. The Concept of Property Related to Wills, Trusts, and Estate Administration
  • Week 3 -- Chapter 3. The Law of Succession: Death Testate or Intestate
  • Week 4 -- Chapter 4. Wills: Validity Requirements, Modification, Revocation, and Contests
  • Week 5 -- Chapter 5. Preparation to Draft a Will: Checklists and the Conference with the Client
  • Week 6 -- Chapter 6. Final Draft and Execution of a Valid Will
  • Week 7 -- Chapter 7. The Participants and the Proper Court
  • Week 8 -- Chapter 8. Personal Representatives: Types, Pre-Probate Duties, and Appointment
  • Week 9 -- Chapter 9. Probate and Estate Administration
  • Week 10 -- Chapter 10. Informal Probate Administration
  • Week 11 -- Chapter 11. Tax Considerations in the Administration of Estates
  • Week 12 -- Chapter 12. Introduction to Trusts
  • Week -- Chapter 13. Classification of Trusts, the Living Trust, and Other Special Trusts
  • Week 14 -- Chapter 14. Estate Planning
  • Week 15 -- Chapter 15. Long-Term Care
  • Week 16 – Final Exams

Instructor's policies on late assignments and/or makeup work

The legal profession is well known to require strict deadlines. Whether it is the deadline for submitting forensic evidence, the timely filing of pleadings, or the submission of briefs to the US Supreme Court, the consequences of missing a deadline can be catastrophic.

Because you are studying the law, and many of you will enter the legal profession, I have adopted a policy on late assignments and make-up work which is similar to those found I the various Rules of Procedure for all levels of the justice system. This will encourage you to begin developing habits of submitting work on time, without complaint or request for special treatment. The following policy is hereby adopted and applied for this course.

Late Assignments
  • Timeliness – Time is a variable we can’t change, so make sure you know when materials are due and plan accordingly.
  • Length to Complete – Gradable work will be included in each week’s assignments. In each instance, you will have at least one week to prepare and submit your work. That is plenty of time for everything we will do. With proper planning, including pre-planning, you should never need to turn in anything late.
  • Excused Absences – With few exceptions, there are no excused absences. See #1 to remind yourself that you will have plenty of time to complete any assignment or gradable work. NOTE: Those on school-sponsored or recognized activities have the duty to create opportunities for success. This may mean completing you work early so that you do not miss a deadline.
  • Special Dispensation – From time to time, a life event can occur that is not easily prepared for, and when these occur, a special dispensation or alteration of due dates will be made. To obtain such special treatment, you should prepare any supporting documentation that explains the need for your absence. As an example, if you have a heart attack 10 minutes before an exam opens, then you can receive this special treatment by presenting proof of the extreme reason causing the missed assignment.
  • In all instances, the burden to both go forward with your claim and to provide sufficient reason/evidence of the need rests with you.
Make-up Work
  • See the policy on late assignments first. Beyond that, there will be little reason to require make-up work. Plan appropriately, make this class a priority in your schedule, and do your best to stay within the framework of this policy and the need for make-up work is reduced to zero.
  • Before you make a request for make-up work, please evaluate and answer each of the questions below. These are similar questions I will ask when you make the request.
    • Q1) What planning did you do to avoid the need for makeup work?
    • Q2) Did you anticipate or foresee the need for makeup work?
    • Q4) What actions did you take to reduce the need? Additionally, what actions were valid but that you did not take to avoid the need?
    • Q5) Would the court, your employer, or other persons having an interest likely grant you the ability to make up work? Why or why not?
  • Only when you can prove that you have done everything reasonable to avoid this problem will I consider your request.

NOTE: For both late work and makeup work, the request must be made in writing within 24 hours of the missed deadline. Failure to meet this deadline will then automatically forfeit your opportunity for a reprieve. In addition, all requests must be made in writing and include a formal statement of the reason for the request, the facts supporting your request, a statement on your efforts to avoid the problem, and the grounds upon which you believe late or makeup work should be accepted for a grade.

Attendance Policy

     One of the unique qualities of an asynchronous (not at the same time) online class is that there are no set class days and times. You are working at your own speed, which means that personal discipline and accountability are so important. If you do not have an ability to work well without direct supervision then you should consider a traditional classroom offering. The better choice is to gain the skills to work well unsupervised, this skill will get you jobs that other qualities jumpt won't touch. 
     Because this class is anynchronous does not mean there is not an attendance policy. In essence, the attendence policy is based on your ability to meet deadlines. A failure to meet the deadline for an assignment not only means you may have lost the chance for a grade but you have also created a negative score in attendence. 
     To avoid this problem, simply complete your assignments in a timely (meaning submitting them early most of the time) fashion and never miss a deadline. Failure to complete this tasks will result in your attendence record being mamrked as absent, and each day you are late with any assignment will be an additional day of absence. 

Course Fees

As of the date of the creation of this syllabus, there were no additional course fees others than those already published. 

Course Information

How to Use This Syllabus

Each long journey requires clear directions and instructions on where to go. A roadmap is the most common method for delivering that information to the traveller. In education, students are the travelers in each class. To navigate their way through the class, they use a syllabus, which serves as the roadmap for the course.

This syllabus contains important information that will help you succeed in class. The contents are listed below, and each section is organized to make them easily accessible. The syllabus serves as a guide to your educational journey.

This syllabus includes course policies, rules and regulations, required texts, and a schedule of assignments. Use the list below to help you find the different sections.

ADA Statement

Students with medical, psychological, learning, or other disabilities desiring academic adjustments, accommodations, or auxiliary aids will need to contact the Disability Resource Center, located in Room 206F of the Sharwan Smith Center or by phone at (435) 865-8042. The Disability Resource Center determines eligibility for and authorizes the provision of services.

If your instructor requires attendance, you may need to seek an ADA accommodation to request an exception to this attendance policy. Please contact the Disability Resource Center to determine what, if any, ADA accommodations are reasonable and appropriate.

Academic Credit

According to the federal definition of a Carnegie credit hour: A credit hour of work is the equivalent of approximately 60 minutes of class time or independent study work. A minimum of 45 hours of work by each student is required for each unit of credit. Credit is earned only when course requirements are met. One (1) credit hour is equivalent to 15 contact hours of lecture, discussion, testing, evaluation, or seminar, as well as 30 hours of student homework. An equivalent amount of work is expected for laboratory work, internships, practica, studio, and other academic work leading to the awarding of credit hours. Credit granted for individual courses, labs, or studio classes ranges from 0.5 to 15 credit hours per semester.

Academic Freedom

SUU is operated for the common good of the greater community it serves. The common good depends upon the free search for truth and its free exposition. Academic Freedom is the right of faculty to study, discuss, investigate, teach, and publish. Academic Freedom is essential to these purposes and applies to both teaching and research.

Academic Freedom in the realm of teaching is fundamental for the protection of the rights of the faculty member and of you, the student, with respect to the free pursuit of learning and discovery. Faculty members possess the right to full freedom in the classroom in discussing their subjects. They may present any controversial material relevant to their courses and their intended learning outcomes, but they shall take care not to introduce into their teaching controversial materials which have no relation to the subject being taught or the intended learning outcomes for the course.

As such, students enrolled in any course at SUU may encounter topics, perspectives, and ideas that are unfamiliar or controversial, with the educational intent of providing a meaningful learning environment that fosters your growth and development. These parameters related to Academic Freedom are included in SUU Policy 6.6.

Academic Misconduct

Scholastic honesty is expected of all students. Dishonesty will not be tolerated and will be prosecuted to the fullest extent (see SUU Policy 6.33). You are expected to have read and understood the current SUU student conduct code (SUU Policy 11.2) regarding student responsibilities and rights, the intellectual property policy (SUU Policy 5.52), information about procedures, and what constitutes acceptable behavior.

Please Note: The use of websites or services that sell essays is a violation of these policies; likewise, the use of websites or services that provide answers to assignments, quizzes, or tests is also a violation of these policies. Regarding the use of Generative Artificial Intelligence (AI), you should check with your individual course instructor.

Emergency Management Statement

In case of an emergency, the University's Emergency Notification System (ENS) will be activated. Students are encouraged to maintain updated contact information using the link on the homepage of the mySUU portal. In addition, students are encouraged to familiarize themselves with the Emergency Response Protocols posted in each classroom. Detailed information about the University's emergency management plan can be found at https://www.suu.edu/emergency.

HEOA Compliance Statement

For a full set of Higher Education Opportunity Act (HEOA) compliance statements, please visit https://www.suu.edu/heoa. The sharing of copyrighted material through peer-to-peer (P2P) file sharing, except as provided under U.S. copyright law, is prohibited by law; additional information can be found at https://my.suu.edu/help/article/1096/heoa-compliance-plan.

You are also expected to comply with policies regarding intellectual property (SUU Policy 5.52) and copyright (SUU Policy 5.54).

Mandatory Reporting

University policy (SUU Policy 5.60) requires instructors to report disclosures received from students that indicate they have been subjected to sexual misconduct/harassment. The University defines sexual harassment consistent with Federal Regulations (34 C.F.R. Part 106, Subpart D) to include quid pro quo, hostile environment harassment, sexual assault, dating violence, domestic violence, and stalking. When students communicate this information to an instructor in-person, by email, or within writing assignments, the instructor will report that to the Title IX Coordinator to ensure students receive support from the Title IX Office. A reporting form is available at https://cm.maxient.com/reportingform.php?SouthernUtahUniv

Non-Discrimination Statement

SUU is committed to fostering an inclusive community of lifelong learners and believes our university's encompassing of different views, beliefs, and identities makes us stronger, more innovative, and better prepared for the global society.

SUU does not discriminate on the basis of race, religion, color, national origin, citizenship, sex (including sex discrimination and sexual harassment), sexual orientation, gender identity, age, ancestry, disability status, pregnancy, pregnancy-related conditions, genetic information, military status, veteran status, or other bases protected by applicable law in employment, treatment, admission, access to educational programs and activities, or other University benefits or services.

SUU strives to cultivate a campus environment that encourages freedom of expression from diverse viewpoints. We encourage all to dialogue within a spirit of respect, civility, and decency.

For additional information on non-discrimination, please see SUU Policy 5.27 and/or visit https://www.suu.edu/nondiscrimination.

Pregnancy

Students who are or become pregnant during this course may receive reasonable modifications to facilitate continued access and participation in the course. Pregnancy and related conditions are broadly defined to include pregnancy, childbirth, termination of pregnancy, lactation, related medical conditions, and recovery. To obtain reasonable modifications, please make a request to title9@suu.edu. To learn more visit: https://www.suu.edu/titleix/pregnancy.html.

Disclaimer Statement

Information contained in this syllabus, other than the grading, late assignments, makeup work, and attendance policies, may be subject to change with advance notice, as deemed appropriate by the instructor.