Deck 50: Trusts and Decedents Estates

Question 1

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Constructive trusts are generally found where the creator clearly intended a trust to be formed.

Answer 1

False

Question 2

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A will is presumed to be irrevocable unless the power to revoke is expressly stated.

Answer 2

False

Question 3

If a will was burned in an electrical fire that destroyed the testator's home, it will be presumed to be revoked.

Answer 3

False

Question 4

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
The courts may not create implied trusts.

Question 5

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A trust divides legal and equitable title to property.

Question 6

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A beneficiary ordinarily has no right to sell his interest in trust assets before he is entitled to receive the corpus.

Question 7

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A totten trust is revocable by the creator.

Question 8

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Upon the death of a beneficiary who held more than a life estate, his interest in the trust reverts to the trustee.

Question 9

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
If a person dies without a valid will, her property will be distributed according to state statute, even if that distribution
is contrary to the decedent's clear intention.

Question 10

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
The failure to appoint a trustee will destroy a trust.

Question 11

Ordinarily, the attorney who drafts the will may not serve as a witness to the will.

Question 12

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
In most states, children under a certain age cannot make valid wills.

Question 13

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
If a person dies without a valid will and has no heirs or next of kin, her property goes to the state.

Question 14

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A devise is a gift by will of personal property.

Question 15

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
An express trust may be found if the intent of the grantor to create a trust is unmistakable.

Question 16

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A spouse of a beneficiary and the named executor of a will are considered qualified witnesses by all courts.

Question 17

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
Creditors of any trust beneficiary can attach the fund or the income to pay the beneficiary's individual debts.

Question 18

If a witness dies prior to the death of the testator, his signature is not counted as a witness unless proof of his handwriting is submitted.

Question 19

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A trust can only be created by a written document, although no particular words are necessary.

Question 20

Match the following:
a. Mental fault; the mental element of a crime.
b. A person who enters or remains on the land of another without permission or privilege to do so. c. The nonmental elements of a crime, including the wrongful physical act.
d. Standard used by courts reviewing factual determinations when informal rulemaking or informal adjudication has occurred.
e. A statement by an agency of general or particular applicability designed to implement, interpret, or process law or policy.
f. The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.
g. Right of the federal government to regulate matters within its power to the exclusion of regulation by the states.
h. A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.
i. Publication of false statements resulting in harm to another's business or monetary interest if the publisher knows the statements are false or acts in reckless disregard of its truth or falsity.
j. The crime of taking another's property by a person who was in lawful possession of it.
k. The crime of entering a building with the intent to commit a felony.
l. Injury to a person's reputation by the publication of false statements.
m. A person privileged to enter or remain on land by virtue of the consent of the lawful possessor. n. A serious crime punishable by death or imprisonment in a penitentiary.
o. An intervening event that occurs after the defendant's negligent conduct and that relieves him of liability. p. The nontrespassory invasion of another's interest in the private use and enjoyment of his land.
A testator with capacity and intent can create an irrevocable will.

Question 21

If Hana pays the purchase price for property and takes title in the name of Thalia, a constructive trust is formed with
Thalia being treated as the trustee.

Question 22

If a person dies intestate, his property will be:

A) distributed according to the clear intention of the decedent if ascertainable.
B) passed to his living children.
C) kept by the state.
D) Not necessarily any of these.

Question 23

A trust for the establishment and maintenance of a museum would be a charitable trust.

Question 24

Nuncupative wills are generally enforceable.

Question 25

A will entirely in the handwriting of the testator is called a will.

A) nuncupative
B) holographic
C) conditional
D) codicil

Question 26

Once a trust is validly created, it is revocable.

Question 27

An attorney receives a check from the defendant in settlement of a lawsuit brought by his client, the plaintiff. Even if the check is made out in the name of the attorney, it will belong to the client as a:

A) resulting trust.
B) constructive trust.
C) totten trust.
D) spendthrift trust.

Question 28

Codicils will not be valid if executed and attested.

Question 29

A totten trust may also be referred to as a savings account trust.

Question 30

A totten trust involves a bank account opened by the settlor of the trust.

Question 31

Under most intestate succession laws, a stepchild will not inherit unless legally adopted.

Question 32

The executor or administrator occupies a fiduciary relationship with regard to the estate.

Question 33

Taxes are imposed at death by the federal government in the form of an inheritance tax and by the state government in the form of an estate tax.

Question 34

The person holding legal title to the property is the settlor of the trust.

Question 35

Renunciation is a statutory right of a surviving spouse to give up her statutory share in the estate.

Question 36

The holder of legal title to the property in a trust is the:

A) grantor.
B) settlor.
C) beneficiary.
D) trustee.

Question 37

A second will automatically revokes an earlier will if it is wholly inconsistent.

Question 38

A completely handwritten will is valid only if witnessed.

Question 39

An express trust is:

A) established by law through the courts when the parties' conduct seems to warrant the creation of a trust.
B) established by voluntary action.
C) always a written document.
D) All of these.

Question 40

Of the following elements, which one is NOT required to create an enforceable trust?

A) Consideration
B) A settlor
C) Specific property
D) A beneficiary

Question 41

An amendment to a will is called a(n):

A) stipulated addition.
B) statutory adjustment.
C) codicil.
D) attestation.

Question 42

A trust:

A) is a fiduciary relationship in which one person holds both legal and equitable title to property which is the subject matter of the trust.
B) may take effect only during the lifetime of the person creating the trust.
C) may be created by such words as "I leave [certain property] to Swigert in full confidence and hope that Swigert will care for Adamson."
D) may not be created "to benefit and maintain Southside Park," since this purpose would be too vague to be enforceable.

Question 43

In most states, a trustee's investment decisions are usually governed by:

A) the prudent person rule.
B) judiciary determination.
C) the beneficiary's intent.
D) The Uniform Principal and Income Act.

Question 44

Which of the following statements about wills is correct?

A) A will must be written on one piece of paper.
B) Another writing may be incorporated by reference in a will.
C) The testator must sign his or her full name.
D) The testator cannot have any "help" in signing a will.

Question 45

Testamentary capacity refers to:

A) the age of the testator.
B) the same capacity as required to contract.
C) the mental ability to create a will.
D) the influence of others over the testator.

Question 46

Which of the following conduct would be likely to invalidate a will?

A) Maria urges her husband to leave all of his property to her.
B) Leah, who was not a blood relative, took care of Austin in his last illness. While he was in a weakened condition, she urged him to name her sole beneficiary to the exclusion of his children, which he did.
C) Paul does not mention his oldest child in his will.
D) All of these.

Question 47

A trust created by will at the death of a testator is called a(n):

A) charitable trust.
B) cy pres trust.
C) inter vivos trust.
D) testamentary trust.

Question 48

The Uniform Probate Code has been adopted by:

A) fewer than half of the states.
B) all states without variation.
C) the great majority of states without variation.
D) the federal government.

Question 49

Under the UPC, a person must be what age to make a valid will?

A) Sixteen
B) Eighteen
C) Twenty-one
D) Age does not matter as long as the person is of sound mind and has the intent to make a will.

Question 50

Which of the following is true about a constructive trust?

A) It normally contains detailed instructions for the trustee to follow.
B) The court to redress an injustice imposes it.
C) It is revocable by the trustee.
D) It carries out the intentions of the trustee.

Question 51

The characteristics of a spendthrift trust include which of the following?

A) Spendthrift provisions are not valid in most states.
B) Spendthrift trusts are created to preserve assets against trust creditors.
C) A settlor may provide, in a spendthrift trust, that the beneficiaries cannot, by assignment or otherwise, impair their rights to receive principal or income.
D) All of these.

Question 52

Probate is the:

A) reading of a will by a lawyer.
B) actual property given away in a will.
C) process of declaring a person dead.
D) process of managing a decedent's property.

Question 53

A will is generally revoked by all but which of the following?

A) The testator's murder by a devisee
B) Tearing it in half with the intent to revoke it
C) Executing another will that is inconsistent with the first
D) Inadvertent burning which destroys the document

Question 54

For soldiers on active duty and sailors at sea:

A) most statutes have specialized, more formal requirements for wills.
B) in most jurisdictions, personal and real property can be passed by soldiers' and sailors' wills.
C) most statutes relax the formal requirements for a will and permit a testamentary disposition to be valid regardless of the informality of the document.
D) specialized wills allow for general gifts only.

Question 55

A statement signed by the required number of witnesses who observe the execution of a valid will is called a(n):

A) validity clause.
B) ambulatory clause.
C) attestation clause.
D) fiduciary clause.

Question 56

The administration of the assets of the deceased and the proving of the validity of the will are determined in:

A) probate proceedings.
B) a domicile of intent.
C) an equity proceeding.
D) a testamentary hearing.

Question 57

In order to be valid, a will must generally include all but which one of the following?

A) Signature of the testator
B) A written document
C) Signatures of witnesses
D) Signature of the executor

Question 58

Which of the following will be acceptable as a witness to a will?

A) The testator's spouse
B) The person named to be executor of the estate
C) The beneficiary of a testamentary trust
D) The spouse of a beneficiary

Question 59

A living will is a will that:

A) is videotaped.
B) contains instructions to one's physician.
C) provides for guardianship of the testator's children.
D) cannot be revoked.

Question 60

The characteristics of a totten trust include that:

A) it is a bank account opened by the settlor of the trust.
B) it is tentative.
C) transfer of ownership is complete only on the depositor's death.
D) All of these.

Question 61

If a person dies without a will and without any heirs or next of kin, her property:

A) escheats to a vestry commission.
B) vests in her neighbors.
C) vests in her church.
D) escheats to the state.

Question 62

In 1998, Arthur executed a valid will in which he left his entire estate to the Heart Fund. In 2006, Arthur was declared incompetent and was committed to an institution. At his death in 2009, his son, Brian, who was his sole survivor, contested the will claiming that Arthur was obviously incompetent. Will Brian prevail with this argument? Explain.

Question 63

Rules for the distribution of property in a situation involving intestate succession:

A) do not apply to property held in joint tenancy.
B) apply where the testator has failed to name an administrator.
C) prevent property from escheating to the state.
D) have no application to real estate owned by the decedent.

Question 64

In what cases do courts impose a constructive trust?

Question 65

For a memorandum to be incorporated into a will, which of the following conditions must be met?

A) It must be in writing.
B) It must be in existence when the will is executed.
C) It must be adequately described in the will.
D) All of these.

Question 66

Which of the following would be charged to the life tenant's interest in the course of administering a trust?

A) Expenses of selling a trust investment
B) The costs of establishing the trust
C) Ordinary repairs
D) Permanent improvements to the trust property

Question 67

Which of the following is untrue regarding the revocation of a will?

A) There cannot be a partial revocation.
B) An inadvertent destruction of a will acts as a revocation.
C) The execution of a second will does not of itself constitute a revocation of an earlier will.
D) Divorce does not ordinarily revoke a will.

Question 68

In 2008, Bill created a trust that would become effective on his death. In the trust instrument, Bill specified that all of the income from his stocks and bonds be used for the benefit of St. John's Hospital and indicated that his brother Chad should administer the trust.
a. What kind of trust is this?
b. What is Bill in relationship to the trust?
c. What is the corpus of the trust?
d. What is Chad in relationship to the trust?

Question 69

Tom, a trustee, fraudulently purchases property with trust funds and puts title in his own name. What type of trust is created?

A) Constructive trust
B) Implied trust
C) Express trust
D) Resulting trust

Question 70

A trustee has a duty to make proper allocation of income items. Which of the following statements is true concerning this allocation?

A) Ordinary income is allocated to the remainderman.
B) Ordinary expenses are chargeable to the income beneficiary.
C) Rents and royalties to the remainderman.
D) Extraordinary repairs to the income beneficiary.

Question 71

The duties of a trustee are:

A) to carry out the purposes of the trust.
B) to act with prudence and care in the administration of the trust.
C) to exercise a high degree of loyalty toward the beneficiary.
D) All of these.

Question 72

Extinction of a gift by a testator's failure to change his will after changed circumstances have made the performance of a provision in the will impossible is termed:

A) renunciation.
B) ademption.
C) abatement.
D) escheat.

Question 73

Rules for the distribution of property in a situation involving intestate succession:

A) vary widely from state to state.
B) are uniform federal rules.
C) will govern distribution of an intestate's estate only if such distribution conforms to the clear intention of the decedent.
D) at common law and today, prevent intestate property from ascending lineally.

Question 74

Charlene drafted a will in 1992 stating as follows: "I hereby leave my 80-acre farm to Arthur, my pure-bred golden retriever to Brian, and $20,000 each to Dana and Ellen." In 1997, Charlene sold her farm and in 1998 her dog died. Charlene died in 2004 without having changed her will and with $15,000 in the bank. If there are no administrative costs or bills to be paid by the estate, what amount will Arthur, Brian, Dana, and Ellen receive under the will?

Question 75

A valid will must be witnessed. Which of the following statements about witnesses is correct?

A) Most states require only one witness to a will.
B) The witnesses must see the testator write the will.
C) The witnesses must sign the will.
D) Under the Uniform Probate Code, witnesses lose any bequests to them in a will they witness.

Question 76

Diego, a widower, dies intestate, leaving two surviving children and two grandchildren who are children of his deceased daughter. If Diego's surviving children each take one­third of his estate and the grandchildren each take one-sixth of the estate, this is described legally by the statement that:

A) lineal descendants of predeceased children take property per stirpes.
B) lineal descendants take property per capita.
C) collateral heirs take the property per stirpes.
D) lineal descendants and collateral heirs take the property per capita.

Question 77

Identify and describe the following types of wills.
a. Holographic
b. Nuncupative
c. Soldiers' and sailors' wills
_a. ^{A holographic will is a signed will entirely in the handwriting of the testator. A}

Question 78

A precatory expression:

A) cannot impose a trust because of indefiniteness.
B) may be so definite as to impose a trust.
C) does not depend upon the court's interpretation of the intent of the settlor.
D) is ineffective because it does not use the required words to create a trust.

Question 79

Dan dies without a valid will in a state that uses the Uniform Probate Code. Which of the following is correct?

A) If there are no children and no surviving parents, Dan's widow is entitled to the entire estate.
B) The surviving spouse is entitled to the entire estate regardless of other possible heirs.
C) If Dan has a parent surviving as well as a wife, then Dan's parent will get one-half of the estate remaining after payment of $50,000 to the wife.
D) If Dan is survived by his wife and two children from a previous marriage, his wife is entitled to the first $200,000 plus half of the remaining estate.

Question 80

Clarence is the trustee of a trust. With $75,000 of his own money, Clarence purchases a parcel of real estate. Two months later, he sells the parcel to the trust for $150,000 and pockets the profit. Discuss the situation in terms of the duties and powers of the trustee.