General Course Descriptions for Terms: marital

771 - Marital Property (2nd half of term: GIE Session)

772 - Use of Trusts in Estate Planning

This course studies the use of trusts from the perspective of both the drafting attorney and the trustee who administers the trust. First, it uses hypotheticals based on common estate planning situations such as tax planning, providing for children, and planning for beneficiaries who may be incompetent or otherwise disabled to explore issues and problems that frequently arise in an estate plan, and to find drafting solutions for them. Second, it looks at practical problems in the implementation of estate plans issues that arise in disposition of property, interpretation of trust language, management of trust assets, selection of a trustee, powers of the trustee, and determining who the lawyer represents (entity, fiduciary, or beneficiaries) and identifies drafting and administrative solutions. Limit: 18 students; T&E I required. Learning Outcomes – By the end of this course, students should: 1. Demonstrate proficiency in drafting basic testamentary and revocable trusts for individuals, children and families. 2. Understand the purposes, advantages and disadvantages of basic trusts in estate planning. 3. Possess a general understanding of how income, estate and gift tax impact trust drafting. 4. Understand how trusts interact with other estate planning documents (wills, powers of attorney, marital property agreements and beneficiary forms). 5. Understand the duties and powers of a trustee. 6. Analyze how ambiguities in trust language create issues for trustees and beneficiaries in interpreting and administering a trust. 7. Identify when and how to modify or terminate a trust by drafting nonjudicial settlement agreements and court petitions.

939 - Sel Prob Family Law: Adoption Law & Policy

Adoption Law & Policy (Law 939) is a 3-credit in-person course. This course meets for one 2- hour class period each week over the spring semester and carries the expectation that students will work on course learning activities (reading, writing, assignments, studying, etc.) for at least about 4 hours out of classroom for every class period. Overall, the 3-credit standard for this course is met by an expectation of a total of 135 hours of student engagement with the course’s learning activities (at least 45 hours per credit), which include regularly scheduled class meeting times, reading, writing, and other assignments. This course addresses adoption law and policy in the United States. Topics include: (1) an overview of the history of adoption law and current trends in adoption policy and practice; (2) the adoption process including an examination of the differences between agency and independent adoption, the form, timing and revocability of parental consent to adoption, the selection of adoptive parents and stepparent adoption; (3) parental rights of nonmarital fathers; (4) adoption by gay and lesbian parents; (5) transracial adoption; (6) adoption of Native American children and the Indian Child Welfare Act; (7) open adoption practice; (8) international adoption; (9) and government law and policy on the adoption of children from foster care. Course requirements include engaged, consistent and constructive class participation, serving as class discussion leader and drafting Commentaries and Discussion Questions, and completion of a research paper. This course offers a discussion-based examination of the readings in which regular class attendance and participation is absolutely crucial.