Question 1

Per capita is the most commonly applied distribution method for intestate estates.

Accepted Answer

A) True 
 B)False  False

Question 2

Creditors are paid from amounts in the residuary clause after the primary estate is distributed.

Accepted Answer

A) True 
 B)False  False

Question 3

Match the most appropriate term to the definition.
-May be valid only if testator rightfully believed death was imminent

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity R

Question 4

Match the most appropriate term to the definition.
-Process to settle an estate

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 5

No specific bequests can be liquidated to pay creditors.

Accepted Answer

A) True 
 B)False

Question 6

A codicil

Accepted Answer

A)  revokes prior wills. 
B)  incorporates by reference any unchanged terms of the previous will. 
C)  by law changes the date of a previous will to the date of the codicil. 
D)  All of the above. 
A)  revokes prior wills. 
B)  incorporates by reference any unchanged terms of the previous will. 
C)  by law changes the date of a previous will to the date of the codicil. 
D)  All of the above.

Question 7

A case is considered testate when the decedent

Accepted Answer

A)  dies with a valid will. 
B)  dies with a will. 
C)  dies without a will. 
D)  names a testator to probate the will. 
A)  dies with a valid will. 
B)  dies with a will. 
C)  dies without a will. 
D)  names a testator to probate the will.

Question 8

Match the most appropriate term to the definition.
-Process by executor to invalidate will

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 9

Match the most appropriate term to the definition.
-Cannot be disinherited

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 10

Incorporation by reference applies only in cases where decedent was a shareholder in a corporation.

Accepted Answer

A) True 
 B)False

Question 11

If a person is declared legally incompetent,

Accepted Answer

A)  the courts supervise the day-to-day financial affairs of the guardian. 
B)  the finding cannot be reversed at a later time. 
C)  the guardian must periodically report to the court. 
D)  All of the above. 
A)  the courts supervise the day-to-day financial affairs of the guardian. 
B)  the finding cannot be reversed at a later time. 
C)  the guardian must periodically report to the court. 
D)  All of the above.

Question 12

Most will contests must establish proof beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 13

Match the most appropriate term to the definition.
-Testifies that the testator had testamentary capacity

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 14

An action to have one declared legally incompetent must be based on

Accepted Answer

A)  disability that is physical in nature and origin. 
B)  disability that is mental in nature and origin. 
C)  disability that is financial in nature and origin. 
D)  pregnancy. 
A)  disability that is physical in nature and origin. 
B)  disability that is mental in nature and origin. 
C)  disability that is financial in nature and origin. 
D)  pregnancy.

Question 15

Match the most appropriate term to the definition.
-Inheritance determined by proximity of relationship to decedent

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 16

Probate does not usually include

Accepted Answer

A)  hearing contested claims of creditors. 
B)  will contest hearings. 
C)  an inquest into a decedent's cause of death. 
D)  It can include all of the above. 
A)  hearing contested claims of creditors. 
B)  will contest hearings. 
C)  an inquest into a decedent's cause of death. 
D)  It can include all of the above.

Question 17

Match the most appropriate term to the definition.
-Duty of personal representative

Accepted Answer

A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity 
A) per stirpes 
B) intestate 
C) personal representative 
D) spouse 
E) codicil
F)incorporation by reference
G)probate
H)creditors
I)witness
J)petition
K)will contest
L)per capita
M)forced share
N)heir
O)testate
P)fiduciary
Q)execute
R)oral will
S)revocation
T)testamentary capacity

Question 18

A case is considered intestate when the decedent

Accepted Answer

A)  dies with a valid will. 
B)  dies with an oral will. 
C)  dies without a valid will. 
D)  names a testator to probate the will. 
A)  dies with a valid will. 
B)  dies with an oral will. 
C)  dies without a valid will. 
D)  names a testator to probate the will.

Question 19

Half-blood relatives inherit

Accepted Answer

A)  one-half of what full-blood relatives inherit in probate of a testate estate. 
B)  one-half of what full-blood relatives inherit in probate of an intestate estate. 
C)  based on individual intestate succession laws of the state where probate occurs. 
D)  only if probate is of a testate estate. 
A)  one-half of what full-blood relatives inherit in probate of a testate estate. 
B)  one-half of what full-blood relatives inherit in probate of an intestate estate. 
C)  based on individual intestate succession laws of the state where probate occurs. 
D)  only if probate is of a testate estate.

Question 20

In a per stirpes distribution,

Accepted Answer

A)  only legal heirs can inherit. 
B)  only immediate family can inherit. 
C)  all legal heirs inherit equal shares. 
D)  All of the above. 
A)  only legal heirs can inherit. 
B)  only immediate family can inherit. 
C)  all legal heirs inherit equal shares. 
D)  All of the above.

Per capita is the most commonly applied distribution method for intestate estates.

Creditors are paid from amounts in the residuary clause after the primary estate is distributed.

Match the most appropriate term to the definition. -May be valid only if testator rightfully believed death was imminent

Match the most appropriate term to the definition. -Process to settle an estate

No specific bequests can be liquidated to pay creditors.

A codicil

A case is considered testate when the decedent

Match the most appropriate term to the definition. -Process by executor to invalidate will

Match the most appropriate term to the definition. -Cannot be disinherited

Incorporation by reference applies only in cases where decedent was a shareholder in a corporation.

If a person is declared legally incompetent,

Most will contests must establish proof beyond a reasonable doubt.

Match the most appropriate term to the definition. -Testifies that the testator had testamentary capacity

An action to have one declared legally incompetent must be based on

Match the most appropriate term to the definition. -Inheritance determined by proximity of relationship to decedent

Probate does not usually include

Match the most appropriate term to the definition. -Duty of personal representative

A case is considered intestate when the decedent

Half-blood relatives inherit

In a per stirpes distribution,

The Historical Basis and Current Structure of the American Legal System

The Courts

Legislation

The Executive Branch and Administrative Authority

Substantive and Procedural Issues

Jurisdiction

The Legal Professional

The Law of Ethics

Torts

Family Law

Property Law

The Law of Contracts

The Law of Business

Criminal Law

Criminal Procedure

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Exam 11: Estates and Probate

Per capita is the most commonly applied distribution method for intestate estates.

Creditors are paid from amounts in the residuary clause after the primary estate is distributed.

Match the most appropriate term to the definition. -May be valid only if testator rightfully believed death was imminent

Match the most appropriate term to the definition. -Process to settle an estate

No specific bequests can be liquidated to pay creditors.

A codicil

A case is considered testate when the decedent

Match the most appropriate term to the definition. -Process by executor to invalidate will

Match the most appropriate term to the definition. -Cannot be disinherited

Incorporation by reference applies only in cases where decedent was a shareholder in a corporation.

If a person is declared legally incompetent,

Most will contests must establish proof beyond a reasonable doubt.

Match the most appropriate term to the definition. -Testifies that the testator had testamentary capacity

An action to have one declared legally incompetent must be based on

Match the most appropriate term to the definition. -Inheritance determined by proximity of relationship to decedent

Probate does not usually include

Match the most appropriate term to the definition. -Duty of personal representative

A case is considered intestate when the decedent

Half-blood relatives inherit

In a per stirpes distribution,

The Historical Basis and Current Structure of the American Legal System

The Courts

Legislation

The Executive Branch and Administrative Authority

Substantive and Procedural Issues

Jurisdiction

The Legal Professional

The Law of Ethics

Torts

Family Law

Property Law

The Law of Contracts

The Law of Business

Criminal Law

Criminal Procedure

Filters