Exam 12: Introduction to Trusts

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Which is an invalid trust combination?

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C

The trustee in the trust instrument is granted the power to do all of the following EXCEPT:

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A

A single trust may have only one beneficiary.

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False

After the creation of a trust, title to property placed in the trust passes to at least two persons with the trustee receiving the equitable title and the beneficiary receiving the legal title.

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If there are two trustees, one may make a determination to take action without the other's consent.

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Which duty prohibits a trustee from personally profiting from his/her position as trustee (other than the compensation allowed by contract or law)?

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MATCHING: -The monetary gain that is generated from the principal of a trust

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MATCHING: -A contract, made between and signed by the settlor and trustee, that creates a trust

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Any transferable interest in an object of ownership may become trust property.

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MATCHING: -The right of the beneficiary to receive the benefits of the trust

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A settlor may cancel a trust if a property transfer is accomplished through duress.

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Which judicial remedy can a beneficiary use to be compensated monetarily (either directly or through the trust) for a trustee's breach of trust?

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MATCHING: -Oral testimony or written evidence

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Which is NOT an essential element of a trust?

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Which is NOT a trustee's duty?

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Beneficiaries of a trust must be defined by name.

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MATCHING: -The form of ownership of trust property held by the trustee and giving him/her the right to control and manage the property for another's benefit

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MATCHING: -A trust included in a will

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MATCHING: -A uniform law available for adoption by states to provide a uniform codified law on trusts

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The trust instrument must either specifically describe the trust property or clearly define the procedure to be followed in identifying the trust property.

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