Professor English
Winter 2016
SYLLABUS
FOR
FIDUCIARY ADMINISTRATION
Course Content
This course will focus on practical issues arising in the administration of estates and trusts. There
will be heavy reliance on guest lecturers with expertise in key practice topics.
Course Requirements
40% of the grade will be based on a 5-page paper that succinctly summarizes the law on a particular
topic such as a duty of a trustee. The other 60% of the grade will be based on a take-home final that
will be distributed on the last day of class. Both the paper and take-home final will be due on the last
day of the exam period.
The last day of class will be set aside for presentations on paper topics. The course grade will be
reduced for any student who fails to participate.
Texts
(1)
(2)
(3)
McGovern, Kurtz, and English, et al., “Principles of Wills, Trusts & Estates” (2d ed. 2011)
Statutory Supplement [available at Ellis Copyshop]
Case and Article Supplement [available at Ellis Copyshop]
Office Hours
My office is Room 210 and telephone is 882-6854. I maintain an open door policy. The best time
for questions is right after class.
Schedule of Assignments
A schedule of assignments is attached.
Attendance Policy
According to American Bar Association accreditation guidelines, students must attend 80% of all
classes. Any student who misses more than 5 regularly scheduled classes during the semester
are subject to being dismissed from the course. Attendance will be taken beginning with the second
week of class.
Instructor
I am the W.F. Fratcher Professor of Law at the University of Missouri at Columbia, where I have
taught Property, Trusts and Estates, Estate Planning, Federal Income Tax, Elder Law, and Fiduciary
Administration. Before becoming a law teacher, I was an associate in the estate planning and probate
department at the Chicago law firm of McDermott, Will and Emery, and an estate planning and tax
associate and later partner at the Chicago law firm of D’Ancona and Pflaum.
I spend much of my time as a Uniform Law Commissioner for the State of Missouri. I was the
Reporter (principal drafter) of the Uniform Trust Code, the Uniform Health-Care Decisions Act, and
the Uniform Adult Guardianship Jurisdiction Act. I am currently the Chair of the Drafting
Committee on the Uniform Guardianship and Protective Proceedings Act and Co-Reporter of the
Model Indian Probate Code. I also spend much of my time working with other professional
organizations. I am currently the Vice-Chair of the ABA Section of Real Property Trust and Estate
Law and Co-Chair of the Guardianship Reform Task Force of the Missouri Developmental
Disabilities Council.
Required Notices
Academic Dishonesty
Academic dishonesty can result in a lowered grade or failure of the course, dismissal from the
school, and even disqualification for the bar exam. Academic dishonesty includes but is not
limited to cheating, plagiarism, unauthorized possession of exams, and unauthorized changing of
grades.
ADA Statement
If you have special needs eligible for assistance under the Americans with Disabilities Act
(ADA) and desire such assistance, please contact the Office of Disability Services, S5 Memorial
Union, 882-4696, or the Associate Dean for Academic Affairs immediately. Reasonable efforts
will be made to accommodate your special needs.
Diversity of Viewpoints
The School of Law community welcomes diversity and respects student rights. Students who
have questions concerning the quality of instruction in this class may address concerns to either
the Dean or Director of the Office of Student Rights and Responsibilities. All students will have
the opportunity to submit an anonymous evaluation of the instructor at the end of this course.
Recording
Recording or videotaping of this class without the instructor’s permission is prohibited.
Schedule of Assignments
Book
Case and Article Supplement
Chapter 13. Probate Issues
13.1
Probate Process
Vercammen, Administering a Decedent’s
Estate When There is No Will
Gottlieb, Introduction to Estate Planning fof
Digital Assets
Tulsa Prof. Collection Serv. v. Pope
In re Estate of Austin
Bosworth v. Sewell
13.2
Necessity for Administration
Blumberg, Small Estate Procedures
In re Bohannon’s Estate
13.3
Will Contests
In re Chambers’ Estate
13.4
Ancillary Administration
In re Estate of Latek
13.5
Claims Against Estate
Houska v. Dickhaner
13.6
Claims Against Nonprobate Assets
In re Estate of Jones
Chapter 12. Fiduciary Duties and Administration
12.1
Duty of Loyalty
In re Rothko
12.2
Investments
Klein, Duty to Diversify
In re Janes
12.3
Duty to Inform and Account
Allard v. Pacific National Bank
Wilson v. Wilson
Gunther Revocable Living Trust
12.4
Other Duties
Shriners Hospitals v. Gardiner
McLean Irrevocable Trust v. Davis
Miller v. Pender
12.5
Administrative Powers
None
12.6
Selection of Fiduciary
Davis v. U.S. Bank, N.A.
Duke v. Simmons
Adams v. French
12.7
Compensation
Hanks v. Morris
12.8
Remedies of Beneficiaries
English, Arbitration Under the UTC
Mendoza v. Gonzales
In re Frank
12.9
Relationship With Third Parties
City of Phoenix v. Garbage Services
.