Deck 51: Trusts and Wills

Question 1

A totten trust is revocable by the creator.

Answer 1

True

Question 2

An express trust may be found if the intent of the grantor to create a trust is unmistakable.

Answer 2

True

Question 3

Constructive trusts are generally found where the creator clearly intended a trust to be formed.

Answer 3

False

Question 4

A trust is presumed to be irrevocable unless the grantor reserves the power of revocation.

Question 5

The courts may not create implied trusts.

Question 6

Anyone legally capable of holding title to and dealing with property may be a trustee.

Question 7

A witness to a will who is "interested" will be disinherited or disqualified.

Question 8

The death of the beneficiary will generally terminate the trust.

Question 9

In most states, there is no lower age limit for testators as long as they understand the extent of their property.

Question 10

In order to use the money in a spendthrift trust as collateral, the beneficiary requires prior approval of the trustee.

Question 11

Creditors of the beneficiary of a spendthrift trust can attach the income of the trust before or after the beneficiary receives it, but they cannot reach the trust fund itself.

Question 12

A minor's declaration of trust is voidable.

Question 13

A trust is a fiduciary relationship in which the settlor holds legal title to certain property while its use and benefit belong to a trustee.

Question 14

A codicil to the will must be executed with all the formal requirements of a will.

Question 15

A beneficiary may sell his interest in trust assets before he is entitled to receive the corpus unless otherwise provided in the trust instrument.

Question 16

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

Question 17

A resulting trust depends on a contract or agreement as evidenced by the parties' acts.

Question 18

Consideration is essential to an enforceable trust.

Question 19

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

Question 20

There is no such thing as an irrevocable will.

Question 21

A trustee must act with the degree of care that a professional investor would use in making trust property productive.

Question 22

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

Question 23

A court will require witnesses' signatures to be proven before a formal decree will be issued allowing the will.

Question 24

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 25

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

Question 26

A will entirely in the handwriting of the testator is called what type of will?

A)Nuncupative.
B)Holographic.
C)Conditional.
D)Codicil.

Question 27

A completely handwritten will is valid only if witnessed.

Question 28

Wills and trusts, after being validly created, are revocable.

Question 29

A stepchild will not ordinarily inherit under intestacy statutes unless legally adopted.

Question 30

Taxes imposed at death include:

A)income tax that the estate must pay on income received during estate administration.
B)federal estate tax on the transfer of property at death.
C)state inheritance tax on the privilege of an heir or beneficiary to receive the property.
D)All of the above.

Question 31

If Neal wants to reject the use of life-prolonging procedures that artificially delay the dying process if he becomes permanently unconscious with a terminal condition, he can make his wishes known through following statutory requirements for a living will.

Question 32

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

A)Consideration.
B)Legal capacity.
C)Specific property.
D)A beneficiary.

Question 33

As long as a decedent's wishes are clear, the formalities of a will need not be strictly met in order for the will to be valid.

Question 34

If a person dies intestate, his property will be:

A)given to his beneficiaries.
B)passed to his children.
C)kept by the state.
D)distributed as prescribed by the state.

Question 35

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

Question 36

An express trust is a trust:

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)represented by a written document, oral statements, or the conduct of the settlor.
D)All of the above.
E)Both (b) and (c).

Question 37

Codicils will not be valid if executed and attested.

Question 38

Divorce or marriage will result in a revocation of a will.

Question 39

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

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

Question 40

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

Question 41

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

A)The testator's spouse.
B)The administrator of the estate.
C)The beneficiary of a testamentary trust.
D)The spouse of a beneficiary.

Question 42

Which of the following is/are considered to be conduct to invalidate a will?

A)Duress.
B)Undue influence.
C)Fraud.
D)All of the above.

Question 43

The characteristics of a totten trust include:

A)it is a joint 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 the above.

Question 44

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 45

A trust will fail for lack of:

A)consideration.
B)a trustee.
C)definite and specific property forming the trust corpus.
D)All of the above.

Question 46

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 47

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 48

All of the following may, in general, revoke a will by operation of law EXCEPT:

A)subsequent marriage.
B)subsequent divorce, as far as a provision in the will of one party for the benefit of the other.
C)birth of a child.
D)All of the above revoke a will by operation of law.

Question 49

Almost all jurisdictions require that:

A)express trusts of real property be in writing.
B)trusts have at least four witnesses.
C)an inter vivos trust have at least two trustees.
D)a charitable trust have at least two trustees.

Question 50

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

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

Question 51

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 in the presence of the other witnesses.
D)Under the law in all states, witnesses lose any bequests to them in a will they witness.

Question 52

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

A)Spendthrift provisions are not valid in most states.
B)Creditors can never seize money from a spendthrift trust.
C)A settlor may provide, in a spendthrift trust, that the beneficiary cannot, by assignment or otherwise, impair her rights to receive principal or income.
D)All of the above.

Question 53

Which of the following is true about a constructive trust?

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

Question 54

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 55

A trustee has a duty to make proper allocation of benefits and burdens between income beneficiaries and remaindermen.Which of the following statements is true concerning this allocation?

A)Current expenses are chargeable to the remaindermen.
B)Extraordinary expenses are chargeable to the remaindermen.
C)Money paid for the use of trust property is chargeable to the remaindermen.
D)Any profit from the use of trust property is allocated to the remaindermen.

Question 56

A person named as a trust beneficiary:

A)may be almost anyone, unless the settlor's object outrages public policy or morals.
B)may not sell or dispose of his interest during his lifetime.
C)can, by will in all cases, name who will become the next beneficiary.
D)will not be permitted to reject the trust.

Question 57

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

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

Question 58

A trust created by will to become effective 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 59

A living will is a document that:

A)is videotaped.
B)contains the maker's wishes regarding extraordinary medical treatment.
C)is capable of being changed from time to time, unlike other wills.
D)cannot be revoked.

Question 60

Testamentary capacity refers to:

A)the age of the testator.
B)the same capacity as required to contract.
C)the ability to understand the nature and extent of one's property, to appreciate the natural objects of one's bounty, and the ability to formulate an orderly plan of disposition.
D)the influence of others over the testator.

Question 61

MATCHING
Part X Matching
Match each statement with the correct term below.a.Security interest in land created by a written document.b.Co-ownership in which each tenant holds an undivided interest with no right of survivorship.c.Commingling of identical goods belonging to different people so that the owners cannot identify their individual property.d.Property not in a physical form.e.Temporary transfer of possession of personal property by one party (the bailor) to another (the bailee).f.A security interest by possession.g.Absolute ownership of real property.h.Person who dies without a valid will.i.Co-ownership with the right of survivorship; requires the presence of the four unities.j.The right to remove the natural resources from the land of another.k.Revocable permission to use land of another.l.Ownership of real property for an indefinite time or for the life of a person.m.The principal method of public control over private land use.n.A formal document transferring any type of interest in land.o.The acquisition of title to land by open, continuous, and adverse occupancy for a statutorily prescribed period.p.The power of a government to take (buy) private land for public use.q.Private restrictions on real property contained in a conveyance, widely used in subdivisions.r.Fiduciary relationship in which legal title to property is held by one party for the use, enjoyment, and benefit of another.s.A written instrument executed with the formalities required by statute whereby a person makes a disposition of his property to take effect after his death.t.The court's supervision of the management and distribution of a decedent's estate.u.The person named in the will and appointed by the court to administer the will.v.An addition to or revision of a will executed with all the formalities of a will.w.Limited right to use another's land in a specific manner.x.Document of title issued by a carrier to a shipper as a receipt of goods for transportation.y.Intentional relinquishment of a known right.
confusion

Question 62

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 the above.

Question 63

In the case of In the Matter of the Estate of Rowe, the court found:

A)the trustee should have followed the "Prudent Investor" rule by using a balanced and diversified approach to managing trust assets.
B)undue influence may justify a constructive trust.
C)the courts cannot engage in an analysis of a trustee's actions in light of the history of each individual investment.
D)a trustee cannot be found to have been imprudent for losses resulting from mere negligence.

Question 64

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 to trust property.
D)Long-term improvements to the trust property.

Question 65

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.

Question 66

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

A)There can 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 67

In 1998, Boyd created a trust that would become effective on his death.In the trust instrument, Boyd 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 Boyd with relationship to the trust?
c.What is the corpus of the trust?
d.What is Chad with relationship to the trust?

Question 68

Dan, a widower, dies intestate, leaving two surviving children, Joe and Carrie, and two grandchildren who are children of his deceased daughter, Debra.If Joe and Carrie each take one-third 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 the property per capita.
C)collateral heirs take the property per stirpes.
D)lineal descendants and collateral heirs take the property per capita.

Question 69

Which of the following is true regarding property distribution upon a person's death intestate?

A)At common law, property lineally ascended to parents if there was no surviving spouse and there were no children.
B)Today, in all states, if there is a surviving spouse, he or she gets the entire estate.
C)Rules of descent vary widely from state to state.
D)Both (a) and (c).

Question 70

In 1985, Jack executed a valid will in which he left his entire estate to the Heart Fund.In 1990, Jack was declared incompetent and committed to an institution.At his death in 1995, his son, Brian, who was his sole survivor, contested the will claiming that Jack was obviously incompetent.Will Brian prevail with this argument? Explain.

Question 71

Identify and describe the following types of wills.
a.Holographic
b.Nuncupative
c.Soldiers' and sailors' will

Question 72

Curtis, 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 73

MATCHING
Part X Matching
Match each statement with the correct term below.a.Security interest in land created by a written document.b.Co-ownership in which each tenant holds an undivided interest with no right of survivorship.c.Commingling of identical goods belonging to different people so that the owners cannot identify their individual property.d.Property not in a physical form.e.Temporary transfer of possession of personal property by one party (the bailor) to another (the bailee).f.A security interest by possession.g.Absolute ownership of real property.h.Person who dies without a valid will.i.Co-ownership with the right of survivorship; requires the presence of the four unities.j.The right to remove the natural resources from the land of another.k.Revocable permission to use land of another.l.Ownership of real property for an indefinite time or for the life of a person.m.The principal method of public control over private land use.n.A formal document transferring any type of interest in land.o.The acquisition of title to land by open, continuous, and adverse occupancy for a statutorily prescribed period.p.The power of a government to take (buy) private land for public use.q.Private restrictions on real property contained in a conveyance, widely used in subdivisions.r.Fiduciary relationship in which legal title to property is held by one party for the use, enjoyment, and benefit of another.s.A written instrument executed with the formalities required by statute whereby a person makes a disposition of his property to take effect after his death.t.The court's supervision of the management and distribution of a decedent's estate.u.The person named in the will and appointed by the court to administer the will.v.An addition to or revision of a will executed with all the formalities of a will.w.Limited right to use another's land in a specific manner.x.Document of title issued by a carrier to a shipper as a receipt of goods for transportation.y.Intentional relinquishment of a known right.
zoning

Question 74

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

A)in writing.
B)in existence when the will is executed.
C)adequately described in the will.
D)All of the above.

Question 75

Darrell executed a will fifteen years ago.Now he has changed his mind about how he wants his estate distributed and who he wants to appoint as executor.Discuss how Darrell may revoke his will.

Question 76

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 disposition of property by a valid will.
D)have no application to real estate owned by the decedent.

Question 77

Under what conditions do courts impose a constructive trust?

Question 78

MATCHING
Part X Matching
Match each statement with the correct term below.a.Security interest in land created by a written document.b.Co-ownership in which each tenant holds an undivided interest with no right of survivorship.c.Commingling of identical goods belonging to different people so that the owners cannot identify their individual property.d.Property not in a physical form.e.Temporary transfer of possession of personal property by one party (the bailor) to another (the bailee).f.A security interest by possession.g.Absolute ownership of real property.h.Person who dies without a valid will.i.Co-ownership with the right of survivorship; requires the presence of the four unities.j.The right to remove the natural resources from the land of another.k.Revocable permission to use land of another.l.Ownership of real property for an indefinite time or for the life of a person.m.The principal method of public control over private land use.n.A formal document transferring any type of interest in land.o.The acquisition of title to land by open, continuous, and adverse occupancy for a statutorily prescribed period.p.The power of a government to take (buy) private land for public use.q.Private restrictions on real property contained in a conveyance, widely used in subdivisions.r.Fiduciary relationship in which legal title to property is held by one party for the use, enjoyment, and benefit of another.s.A written instrument executed with the formalities required by statute whereby a person makes a disposition of his property to take effect after his death.t.The court's supervision of the management and distribution of a decedent's estate.u.The person named in the will and appointed by the court to administer the will.v.An addition to or revision of a will executed with all the formalities of a will.w.Limited right to use another's land in a specific manner.x.Document of title issued by a carrier to a shipper as a receipt of goods for transportation.y.Intentional relinquishment of a known right.
tenancy in common

Question 79

Gail dies intestate leaving two children, Benjamin and Christopher.Her daughter, Anna, died two years earlier.Anna had three children, Carolyn, Jeffrey and Scott.If Gail leaves an estate of $150,000, how much will Jeffrey's share be under the usual statutes of descent and distribution?

A)$0.
B)$30,000.
C)$16,667.
D)$50,000.

Question 80

Each trust has which of the following?

A)Executor.
B)Corpus.
C)Testator.
D)All of the above.