Question 1

Distribution ______ means distributing an estate by class or representation.

Accepted Answer

A)   Per behest
B)   Per stirpes
C)   Per capita
D)   Per clear
E)   Per ambulatoryF) A) and B)
G) C) and E)

Question 2

Which of the following is false regarding trusts?

Accepted Answer

A)   A settlor may revoke a trust at any time.
B)   Settlors may create trusts to prevent individuals from getting access to certain assets.
C)   Trusts may be set up to make "awards" to family members who make significant contributions in certain fields, such as education, science, law, or medicine.
D)   A trust document may state that the trust will terminate when an event happens, such as when the remainderman reaches a certain age.
E)   A court can place assets of a partnership in a constructive trust if it discovers that one partner is engaging in fraudulent or unconscionable conduct that might negatively affect the interests of another partner.F) A) and D)
G) A) and B)

Question 3

Which of the following was the result on appeal in In re the Estate of Charles Kuralt, the case in the text involving whether a letter the deceased sent to a companion was effective to convey property?

Accepted Answer

A)   The court ruled that although extrinsic evidence was not admissible, the letter in and of itself was effective as a matter of law to establish a holographic will and that the companion was entitled to the land at issue.
B)   The court ruled that the letter was ineffective as a matter of law to establish a holographic will, that extrinsic evidence was inadmissible, and that the companion was not entitled to the land at issue.
C)   After considering the extrinsic evidence at issue which was ruled admissible, the court ruled that the letter was ineffective as a matter of law to establish a holographic will and that the companion was not entitled to the land at issue.
D)   After considering the extrinsic evidence at issue which was ruled admissible, the court ruled that the letter was effective as a matter of law to establish a holographic will and that the companion was entitled to the land at issue.
E)   The court remanded the case for a trial on the issue of whether, in light of the extrinsic evidence, the decedent intended that the letter at issue effect a testamentary disposition of the land at issue.F) B) and E)
G) B) and C)

Question 4

A[n] ______ trust is created by a court to hold property in trust for its rightful owner.

Accepted Answer

A)   Real
B)   Constructive
C)   Resulting
D)   Validating
E)   ActualF) D) and E)
G) A) and B)

Question 5

Ricardo's state does not allow a testamentary disposition to a pet; therefore, Ricardo should consider placing funds for his pet in a trust which would be allowed.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following occurs when a testator wrote a will under circumstances in which a person the testator trusted took advantage of the testator's weak physical or emotional condition to persuade the testator to write the will in a particular way?

Accepted Answer

A)   Undue influence
B)   Fraud
C)   Negligence
D)   Recklessness
E)   MisinformationF) A) and C)
G) B) and D)

Question 7

A person with an interest in a will, such as that of a potential beneficiary is said to have _____.

Accepted Answer

A)   Standing
B)   Vesting
C)   Heirship
D)   Acknowledgement
E)   ConsiderationF) All of the above
G) A) and B)

Question 8

"Secretary Visits." Carol wrote a will leaving half of her assets to her husband, Bruce, and half to her adult daughter from a previous marriage, Amy. Carol, however, found out that Bruce had been spending a lot of time with his secretary, Sharon. Angrily, Carol typed on a new piece of paper that she stapled to her will, "You skunk, Bruce, you take nothing. Amy gets it all." She then signed her name. Carol then took the will to her best friend, Betsy, who signed as a witness verifying that Carol meant for Bruce to take nothing. Carol was struck by lightning a few days later and died. Bruce told Amy that the revision to the will meant nothing because, for one thing, it was not prepared by a lawyer.

-Which of the following is true regarding the effectiveness of Betsy's signature?

Accepted Answer

A)   It is not an effective attestation because she did not witness Carol sign the will.
B)   It is effective.
C)   It is effective only if Betsy had seen Carol's signature before and could identify the signature as Carol's.
D)   It is effective only because a change to a will is involved which has less stringent requirements for the signature of a witness than that required for an original will.
E)   It is ineffective only because Carol's attempted change is ineffective.F) A) and E)
G) A) and C)

Question 9

"Fighter." Willy, a ninety-year-old wild bronco rider in the rodeo, had a will leaving all his possessions to a girlfriend, Linda, age twenty-two. During a rodeo, Willy was placed on a particularly wild bronco named "Fighter." During the ride, Grumpy the clown yelled out to Willy that Linda had suggested that particular horse. Willy was very grumpy about that because he was having trouble controlling Fighter. Nevertheless, Willy prevailed and collected the prize. Willy was so excited that he felt himself having a heart attack. Just before he died, he yelled out, "Linda, you had me put on that crazy horse, and I'm revoking my will. I'm dying, and I'm leaving everything to my other girlfriend, Candy." A number of witnesses heard his statement; and Grumpy, who had always liked Candy more than Linda, promptly wrote down Willy's statement. Linda knew nothing about Candy and was very upset. She told Candy that Candy could have nothing because Willy's written will was still in effect. She also told Candy that Willy was suffering from a mental illness and did not know what he was doing when he stated that Candy should take everything. Willy's daughter, Monique, age 65, also entered the discussion stating that Linda had unfairly coerced Willy into writing a will leaving her everything.
-Assuming he was of sound mind, which of the following is true regarding the effect of Willy's statement that Candy should take everything?

Accepted Answer

A)   Because a will must be in writing, his statement has no effect.
B)   Because a will is not usually required to be in writing, his statement was effective to revoke any prior will.
C)   His statement was ineffective to revoke his prior will only because he was angry when he made it.
D)   His statement was ineffective to revoke his prior will only because he believed he was dying at the time he made it.
E)   His statement would likely be upheld as an oral will because he made the statement during his last illness in front of witnesses who later wrote down his wishes.F) A) and E)
G) D) and E)

Question 10

Which of the following was the result in Mattison v. Social Security Commissioner, the case in the text involving the issue of whether twins conceived after the death of the father via artificial insemination using his sperm could inherit as children under state intestacy law thereby becoming entitled to social security survivors' benefits?

Accepted Answer

A)   That because the twins were conceived and born after the father's death, they did not survive him as heirs legally and were not entitled to any succession rights.
B)   That because the mother had permission from the father to use the sperm after his death, the twins were considered legal heirs and were entitled to succession rights.
C)   That regardless of whether or not the mother had permission from the father to use the sperm after his death, the twins were considered legal heirs and were entitled to succession rights.
D)   That because the twins were conceived within 30 days of the decedent's death, they were considered legal heirs and entitled to succession rights.
E)   That because the mother was alive and the twins were conceived and born after the father's death, they did not survive him as heirs legally and were not entitled to any succession rights; otherwise, had the mother been deceased, the twins would have been entitled to succession rights in regard to the father as well as the mother.F) A) and B)
G) B) and D)

Question 11

Which of the following occurs when a testator relied on false statements when he or she made a will?

Accepted Answer

A)   Undue influence
B)   Fraud
C)   Negligence
D)   Recklessness
E)   MisinformationF) A) and D)
G) A) and E)

Question 12

A ______ is a gift of real property by will.

Accepted Answer

A)   Behest
B)   Grant
C)   Bestowment
D)   Devise
E)   BequeathF) A) and E)
G) None of the above

Question 13

"Secretary Visits." Carol wrote a will leaving half of her assets to her husband, Bruce, and half to her adult daughter from a previous marriage, Amy. Carol, however, found out that Bruce had been spending a lot of time with his secretary, Sharon. Angrily, Carol typed on a new piece of paper that she stapled to her will, "You skunk, Bruce, you take nothing. Amy gets it all." She then signed her name. Carol then took the will to her best friend, Betsy, who signed as a witness verifying that Carol meant for Bruce to take nothing. Carol was struck by lightning a few days later and died. Bruce told Amy that the revision to the will meant nothing because, for one thing, it was not prepared by a lawyer.

-List four reasons discussed in the text as to why individuals engage in estate planning.

Accepted Answer

(1) To provide for family financially af...

Question 14

Which of the following was the result in the Case Opener, the case involving whether a bank account and cash passed to the sole beneficiary named in a will or through intestate succession when the will did not contain a residuary clause and did not specifically reference the land and bank account at issue?

Accepted Answer

A)   That the land passed to the sole beneficiary named in the will because it was apparent that the deceased meant for him to receive her entire estate.
B)   That the estate was partially intestate and that the bank account and land at issue passed through intestate succession.
C)   That the land passed to the state because the disposition of it was unclear.
D)   That the land would have passed through intestate succession if the decedent had any issue, meaning children or grandchildren; but that because she had no children or grandchildren, the land and bank account passed to the sole beneficiary of the will.
E)   That the value of the land and bank account would be split on a 50/50 basis between the sole beneficiary named in the will and the relatives who would inherit through intestate succession.F) All of the above
G) A) and B)

Question 15

The process of settling an estate is known as _____.

Accepted Answer

A)   Settlement
B)   Review
C)   Granting
D)   Probate
E)   DeviseF) C) and D)
G) D) and E)

Question 16

Distribution ______ means distributing an estate by the individual.

Accepted Answer

A)   Per behest
B)   Per stirpes
C)   Per capita
D)   Per clear
E)   Per ambulatoryF) C) and E)
G) A) and D)

Question 17

An implied trust is also called a[n] ______ trust.

Accepted Answer

A)   Untrue
B)   Involuntary
C)   Reviewed
D)   Judicial
E)   TrustlessF) B) and D)
G) A) and B)

Question 18

A[n] ______ trust is a type of trust created by a court, not a settlor.

Accepted Answer

A)   Implied
B)   Untrue
C)   Limited
D)   Reduced
E)   ProtectionF) B) and E)
G) A) and B)

Question 19

A living will is a document by which a person expresses his or her wishes regarding medical treatment desired if an accident or illness prevents him or her from participating in medical decisions.

Accepted Answer

A) True 
 B)False

Question 20

The Uniform Anatomical Gifts Act (UAGA) provides that any individual age 21 or older may give all or any part of his or her body to a donee on death so long as the closest surviving next-of-kin does not object.

Accepted Answer

A) True 
 B)False

Exam 52: Wills and Trusts

Correct Answer
verified
(1) To provide for family financially af...
View Answer

A ______ is a gift of real property by will.

Correct Answer
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The process of settling an estate is known as _____.

Correct Answer
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The Uniform Anatomical Gifts Act (UAGA) provides that any individual age 21 or older may give all or any part of his or her body to a donee on death so long as the closest surviving next-of-kin does not object.

Correct Answer
verified

A person with an interest in a will, such as that of a potential beneficiary is said to have _____.

Correct Answer
verified

Correct Answer
verified

Which of the following occurs when a testator wrote a will under circumstances in which a person the testator trusted took advantage of the testator's weak physical or emotional condition to persuade the testator to write the will in a particular way?

Correct Answer
verified

A living will is a document by which a person expresses his or her wishes regarding medical treatment desired if an accident or illness prevents him or her from participating in medical decisions.

Correct Answer
verified

A[n] ______ trust is a type of trust created by a court, not a settlor.

Correct Answer
verified

Which of the following is false regarding trusts?

Correct Answer
verified

Ricardo's state does not allow a testamentary disposition to a pet; therefore, Ricardo should consider placing funds for his pet in a trust which would be allowed.

Correct Answer
verified

Which of the following occurs when a testator relied on false statements when he or she made a will?

Correct Answer
verified

Distribution ______ means distributing an estate by class or representation.

Correct Answer
verified

Correct Answer
verified

A[n] ______ trust is created by a court to hold property in trust for its rightful owner.

Correct Answer
verified

Correct Answer
verified

An implied trust is also called a[n] ______ trust.

Correct Answer
verified

Which of the following was the result on appeal in In re the Estate of Charles Kuralt, the case in the text involving whether a letter the deceased sent to a companion was effective to convey property?

Correct Answer
verified

Correct Answer
verified

Distribution ______ means distributing an estate by the individual.

Correct Answer
verified

Exam 52: Wills and Trusts

Correct Answerverified(1) To provide for family financially af...View AnswerShow Answer

A ______ is a gift of real property by will.

Correct AnswerverifiedShow Answer

The process of settling an estate is known as _____.

Correct AnswerverifiedShow Answer

The Uniform Anatomical Gifts Act (UAGA) provides that any individual age 21 or older may give all or any part of his or her body to a donee on death so long as the closest surviving next-of-kin does not object.

Correct AnswerverifiedShow Answer

A person with an interest in a will, such as that of a potential beneficiary is said to have _____.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following occurs when a testator wrote a will under circumstances in which a person the testator trusted took advantage of the testator's weak physical or emotional condition to persuade the testator to write the will in a particular way?

Correct AnswerverifiedShow Answer

A living will is a document by which a person expresses his or her wishes regarding medical treatment desired if an accident or illness prevents him or her from participating in medical decisions.

Correct AnswerverifiedShow Answer

A[n] ______ trust is a type of trust created by a court, not a settlor.

Correct AnswerverifiedShow Answer

Which of the following is false regarding trusts?

Correct AnswerverifiedShow Answer

Ricardo's state does not allow a testamentary disposition to a pet; therefore, Ricardo should consider placing funds for his pet in a trust which would be allowed.

Correct AnswerverifiedShow Answer

Which of the following occurs when a testator relied on false statements when he or she made a will?

Correct AnswerverifiedShow Answer

Distribution ______ means distributing an estate by class or representation.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A[n] ______ trust is created by a court to hold property in trust for its rightful owner.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

An implied trust is also called a[n] ______ trust.

Correct AnswerverifiedShow Answer

Which of the following was the result on appeal in In re the Estate of Charles Kuralt, the case in the text involving whether a letter the deceased sent to a companion was effective to convey property?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Distribution ______ means distributing an estate by the individual.

Correct AnswerverifiedShow Answer

Correct Answer
verified
(1) To provide for family financially af...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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