THE UNIVERSITY OF TOLEDO
PARALEGAL STUDIES PROGRAM
ESTATE & PROBATE ADMINISTRATION
INSTRUCTOR:
Professor Michael J. Spiros, Esq.
OFFICE PHONE:
(419) 530-7732
OFFICE HOURS:
Tuesday & Thursday 1:00 - 3:30 P.M., or by appointment
TEXT:
West’s Ohio Probate Code
EXAMS:
Midterm and final examinations
PROJECT:
Downloading and completing Ohio probate forms.
Class #
Topic
1
Course introduction.
2
Probate terminology. Testate, intestate, affinity, consanguinity, degrees of
consanguinity, ancillary estates, per stirpes and per capita.
3
Per stirpes distribution to heirs of equal degree of consanguinity to decedent;
designation of heir; persons not to benefit from death (homicide); presumption on
order of death.
4
Statute of descent & distribution. How estate property is distributed when a person
dies intestate (without a will).
5
Descent & distribution continued.
6
Rights of the surviving spouse. The right to take against the will - to receive a portion
of the deceased spouse’s estate even if it left by will to another person or persons.
7
Surviving spouse’s rights to the Family Allowance and rights to the decedent’s
interest in the mansion house.
8
Surviving spouse’s rights to automobiles owned by the decedent and to purchase real
and personal property of the decedent.
9
Legal requirements of drafting wills; who may make a will; oral wills; beneficiaries
as witnesses.
10
Lost or destroyed wills; pretermitted heirs.
11
Admitting wills to probate. Establishing proper jurisdiction and venue.
12
Executor, Administrator, Administrator WWA, Administrator DBN. Requirements
of each and distinctions between.
13
Fiduciary bond - requirements and amount.
14
Review for midterm.
15
Midterm examination - part one
16
Midterm examination - part two.
17
Drafting project.
18
Drafting project.
19
Review midterm examination.
20
Inventory; joint and survivorship property; failure to file; notice to surviving spouse;
execution; hearing; newly discovered assets.
21
Presentment of claims against an estate; procedure; acceleration; acceptance or
rejection.
22
Rejection of claim at request of heir, beneficiary, or creditor; action on rejected claim;
hearing.
23
Sale of real and personal property of estate by agreement, for payment of debts, to
pay legacy.
24
Sale of property continued. Action for sale of land; method of sale; price of sale.
25
Distribution of estate assets.
26
Accounts of executors and administrators; annual account, final account, account of
distribution.
27
Ohio Estate Tax Return. Interest of decedent in property which must be included in
gross taxable estate. Transfers in contemplation of death, life estates.
28
Ohio Estate Tax Return continued. Reversionary interests, annuities and employment
benefits, joint and survivorship property, powers of appointment, life insurance.
29
Ohio Estate Tax Returns continued. Marital deduction, funeral expenses, charitable
deductions, debts and expenses of administration.
30
Review for final examination.
Grades:
There will be a two-part midterm examination. Part one will be true-false
questions and part two will be short essay questions. The final examination will
also be in two parts. Part one will be true-false questions and part two will be
completing an Ohio Estate Tax Return. There will also be a mid-semester
drafting project.
Your grade will be based on a 200 point scale: 50 points for each part of the
midterm exam, 50 points for part one of the final exam, 40 points for the Ohio
Estate Tax Return and 10 points for the drafting assignment.
Attendance:
Class attendance is required. Attendance will be taken before each class. Each
student is allowed two unexcused absences without penalty. Each additional
absence will result in one grade reduction. Students arriving late for class will be
assessed one-half of an absence.
Exams:
Exams will be given only on the date and time scheduled. Make-up exams will
not be given. The drafting project must be turned in on time.
Drop:
If a student desires to drop the course, he or she must officially do so through the
records office to receive a WD, otherwise a grade of F will be given.
Disability:
If a student has a disability, he or she may be entitled to receive individualized
services and/or accommodations intended to assure equal opportunity. If you
would like more information, I encourage you to see me.
THIS SYLLABUS IS SUBJECT TO CHANGE