Deck 52: Wills and Trusts

Question 1

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.

Answer 1

False

Question 2

A personal representative of an estate makes sure that gifts of real and personal property go to the correct beneficiaries,persons who inherit under the will.

Answer 2

True

Question 3

The amount a surviving spouse inherits when a spouse dies intestate is determined by state law,which varies from state to state.

Answer 3

True

Question 4

When determining whether a person has testamentary capacity,a court must only determine whether the person was of sound mind.

Question 5

A will is a legal document that outlines how a person wants his or her property distributed upon death.

Question 6

When a will is legally valid,it cannot be contested.

Question 7

A will may be changed with a codicil only once,after which a completely new will must be written.

Question 8

What was the result in the Case Opener,the case involving whether a bank account and cash not specifically referenced in the will passed to the sole beneficiary named in a will or through intestate succession when the will did not contain a residuary clause?

A)That the land passed to the state because the disposition of it was unclear.
B)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.
C)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.
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 estate was partially intestate and that the bank account and land at issue passed through intestate succession.

Question 9

A will written on a napkin will satisfy the writing requirement for a valid will.

Question 10

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

Question 11

In order to determine death,surgeons in the U.S.use a heart-lung standard rather than a brain-death standard.

Question 12

What 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?

A)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.
B)That because the twins were conceived within 30 days of the decedent's death,they were considered legal heirs and entitled to succession rights.
C)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.
D)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.
E)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.

Question 13

Usually,express trusts are written and are called trust instruments or agreements.

Question 14

The process by which an individual decides what to do with his or her real and personal property during and after life is known as ________.

A)Life planning
B)Probate succession
C)Estate planning
D)Allocation planning
E)Asset allocation

Question 15

Wills are governed primarily by federal law.

Question 16

What is the rationale behind the principle that a witness does not have to sign or witness the testator sign a holographic will?

A)The testator had ample time to consider the consequences of creating the will.
B)Witnesses are required to sign and witness the testator signing a holographic will.
C)The writing is better evidence of the testator's state of mind.
D)It is unnecessary and inconvenient to involve other parties if the will is created by the testator.
E)When the entire will is in the testator's handwriting,it lessens the chance of fraud or forgery.

Question 17

A settlor is not allowed to revoke a trust unless he or she reserves a right to revoke the trust.

Question 18

What is the name for a special kind of will that the testator declares verbally during his or her last illness,in front of witnesses,who later write the person's wishes.

A)Mutual
B)Verbal
C)Oral
D)Nonwritten
E)Holographic

Question 19

A person may revoke a will by physically destroying it.

Question 20

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.

Question 21

Wills are ________,meaning that testators can change them.

A)Retrievable
B)Changeable
C)Rescuable
D)Revocable
E)Ambulatory

Question 22

A will that two or more testators execute in which they leave property to each other as long as the survivor agrees that when he or she dies,the remaining property will be distributed according to a plan created by all testators.

A)A mutual will
B)An estate will
C)A presumptive will
D)A co-will
E)A planned will

Question 23

Which of the following allows a person to transfer property to another person with the property to be used for the benefit of a third person?

A)Trust
B)Allocatio n
C)?Probate
D)Executor
E)Comman d

Question 24

________ is the process of settling an estate.

A)Granting
B)Devise
C)Settleme nt
D)Review
E)Probate

Question 25

Property of a decedent that is not part of a probate estate is ________ property.

A)Nonbequeathable
B)Divisible
C)Exempt
D)Nondevisable
E)Nonprobate

Question 26

A gift of real property by will is known as a ________.

A)Grant
B)Bestowment
C)Devise
D)Bequeath
E)Behest

Question 27

________ statutes are state laws that outline how a person's property will be distributed if he or she dies without a will.

A)Testacy
B)Intestacy
C)Probate
D)Testate
E)Will

Question 28

What occurs when a testator relies on false statements when making a will?

A)Undue influence
B)Fraud
C)Misinformation
D)Recklessness
E)Negligence

Question 29

Regarding a party that cannot be a witness to a will,which of the following statements is correct?

A)An adult child may not be a witness to a will.
B)A spouse may not be a witness to a will.
C)A spouse may be a witness to a will,but no other relative may be a witness to a will.
D)A beneficiary may not be a witness to a will.
E)An adult child may be a witness to a will,but no other relative may be a witness to a will.

Question 30

The requirement that a witness _ to the will means that the witness must witness the signing of the will and then sign as a witness at the end of the document.

A)Attest
B)Approve
C)Acknowledge
D)View
E)Review

Question 31

When someone dies,a[n] chosen by the testator collects the testator's property,pays debts and taxes,and makes sure the remainder of the will is distributed.

A)Personal devisee
B)Personal representative
C)Trustee
D)Inheritance regulator
E)Inheritance devisor

Question 32

A ________ is a gift of personal property by will.

A)Behest
B)Bequeath
C)Grant
D)Bestowment
E)Devise

Question 33

Distribution ________ means distributing an estate by class or representation.

A)Per capita
B)Per behest
C)Per ambulatory
D)Per clear
E)Per stirpes

Question 34

A will that the testator writes and signs in his or her own handwriting is called a ________ will.

A)Penned
B)Holographic
C)Invalid
D)Penciled
E)Pencil and penned

Question 35

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

A)Standing
B)Acknowledgement
C)Vesting
D)Consideration
E)Heirship

Question 36

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,thus the will was made with ________.

A)Fraud
B)Undue influence
C)Negligence
D)Misinformation
E)Recklessness

Question 37

When it is said that a person dies ,it means that he or she died without a will.

A)Intestate
B)Testacy
C)Testate
D)Unprobated
E)Unwilled

Question 38

Distribution ________ means distributing an estate by the individual.

A)Per ambulatory
B)Per stirpes
C)Per behest
D)Per clear
E)Per capita

Question 39

is a uniform law proposed by the National Conference of Commissioners on Uniform State Laws that provides guidance in the area of estate planning?

A)The Uniform Will Act
B)The National Will Act
C)The Federal Probate and Will Act
D)The Uniform Probate Code
E)The National Probate Code

Question 40

Which of the following is the proper term for canceling a will?

A)Revoking
B)Discharging
C)Terminating
D)Rescinding
E)Leaving

Question 41

What was the document that Jasmine wanted,giving Erica the power to handle her affairs should she become unable to do so herself?

A)Disciplined trust
B)Durable power of attorney
C)Undisciplined trust authority
D)Power of attorney
E)Acknowledged power of conveyance

Question 42

Regarding a trust,which of the following is a false statement?

A)A trust may be created to protect a pet.
B)Interest may be generated by a trust.
C)Income may be paid to a person identified as an income beneficiary.
D)A person entitled to income must be the person entitled to the trust corpus.
E)A trust may be created for tax reasons.

Question 43

An)________ document outlines the principal-agent relationship that allows an agent to make medical decisions for a principal who is unable to participate in medical decisions.

A)Health care proxy
B)Living will
C)Medical agent proxy
D)Living health proxy
E)Medical decision contract

Question 44

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

A)Trustless
B)Reviewed
C)Involuntary
D)Untrue
E)Judicial

Question 45

[Bruiser] Samuel,a ninety-year-old wild bronco rider in the rodeo,had a will leaving all his possessions to a girlfriend,Winona,age twenty-two.During a rodeo,Samuel was placed on a particularly wild bronco named "Bruiser." During the ride,Crabby the clown yelled out to Samuel that Winona had suggested that particular horse.Samuel was annoyed about that because he was having trouble controlling Bruiser.Nevertheless,Samuel prevailed and collected the prize.Samuel was so excited that he had a heart attack.Just before he died,he yelled out,"Winona,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,Keisha." A number of witnesses heard his statement;and Crabby,who had always liked Keisha more than Winona,promptly wrote down Samuel's statement.Winona knew nothing about Keisha and was very upset.She told Keisha that Keisha could have nothing because Samuel's written will was still in effect.She also told Keisha that Samuel was suffering from a mental illness and did not know what he was doing when he stated that Keisha should take everything.Samuel's daughter,Laura,age 65,also entered the discussion stating that Winona had unfairly coerced Samuel into writing a will leaving her everything.
Which of the following is a true statement regarding Laura's claim that Winona unfairly coerced Samuel into naming her as a beneficiary in the written will and that the written will is ineffective?

A)The written will is ineffective if Samuel wrote it under circumstances by which Winona took advantage of his weak physical or emotional condition to persuade him to write the will leaving her everything.
B)There is a presumption of undue influence based upon the age difference between Winona and Samuel.
C)The written will is ineffective only if a witness is available who will testify that Samuel admitted that he would never have left all his possessions to Winona if he were not dependent on her for his wellbeing.
D)Winona is legally entitled to a presumption of no undue influence because she was Samuel's girlfriend at the time the will was written.
E)Winona is legally entitled to a presumption of no undue influence only if she can establish through the testimony of a disinterested witness that Samuel had asked her to marry him.

Question 46

An)________ is a written document executed when the principal is in good mental health that allows an agent to make medical decisions for the principal at some later date when the principal can no longer make decisions.

A)Medical decision contract
B)Medical care proxy
C)Durable power of attorney
D)Medical agent proxy
E)Living health proxy

Question 47

A[n] ________ trust is created by a court when an express trust fails and the court can imply a trust from certain behavior.

A)Validating
B)Actual
C)Real
D)Constructive
E)Resulting

Question 48

[Family Trust] Jasmine had made lots of money in the stock market.She was getting older and was concerned about the integrity of her children and grandchildren who seemed unwilling to work.She decided that she would place the majority of her money in a trust and instruct that it be distributed only to family members who were gainfully employed or attending school on a full-time basis throughout the next twenty years.The remainder of the trust at that time was to be given to a local animal shelter.She also told her lawyer,Bao,that although she was in good health and mind at the present time,she would like a document drawn up giving her daughter Erica the power to make decisions for her,including financial decisions,should her health deteriorate to the point that she could not handle her own affairs.
What is the appropriate term for a person or entity that receives a portion of the trust corpus when a trust is terminated?

A)Transferor
B)Remainderman
C)Ender
D)Terminator
E)Receiver

Question 49

A ________ is a person who creates a trust.

A)Trustee
B)Settlor
C)Settlee
D)Trustor
E)Benefact or

Question 50

An)________ trust is a trust created by a court rather than a settlor.

A)Limited
B)Reduced
C)Implied
D)Untrue
E)Protectio n

Question 51

The term covers a variety of legal instruments a person can use to express his or her wishes about efforts to prolong life.

A)Actual prohibitions
B)Advance instructions
C)Advance directives
D)Prolonging directives
E)Medical directives

Question 52

Which of the following is a true statement regarding Winona's claim that Keisha was entitled to nothing because Samuel was suffering from a mental illness and did not know what he was doing when he stated that Keisha should take everything?

A)Winona is correct if Samuel had undergone any treatment for any form of mental illness within the last six months.
B)Winona is incorrect because the existence of mental illness is irrelevant to a person's capacity to make a will.
C)Winona is correct if Samuel had undergone any treatment for any form of mental illness within the last year.
D)Whether he was suffering from a mental illness is irrelevant because for other reasons,his statement granting Keisha any possessions is invalid.
E)Winona is correct if it can be established that Samuel had a serious enough mental illness that he was not of sound mind and lacked capacity to make a will.

Question 53

Which of the following is a false statement regarding trusts?

A)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.
B)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.
C)A trust document may state that the trust will terminate when an event happens,such as when the remainderman reaches a certain age.
D)Settlors may create trusts to prevent individuals from getting access to certain assets.
E)A settlor may revoke a trust at any time.

Question 54

Which of the following is not a requirement of a witness to a will?

A)The witness must see the testator sign the will.
B)The witness cannot be a beneficiary.
C)The witness must be of sound mind.
D)The witness must ascertain whether the testator is of sound mind.
E)The witness must sign the will.

Question 55

What type of trust did Jasmine set up to encourage her family members to go to school or work?

A)This type of trust would be identified as an illegal trust because it would not be enforced.
B)Relative review
C)Family encouragement
D)Relative pushing
E)Family incentive

Question 56

What was the effect of Samuel's statement that Keisha should take everything,assuming he was of sound mind?

A)His statement was ineffective to revoke his prior will only because he was angry when he made it.
B)His statement was ineffective to revoke his prior will only because he believed he was dying at the time he made it.
C)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.
D)Because a will is not usually required to be in writing,his statement was effective to revoke any prior will.
E)Because a will must be in writing,his statement has no effect.

Question 57

How many states,if any,have adopted the Uniform Anatomical Gifts Act?

A)It has been adopted by 13 states in the U.S.
B)It has been adopted by every state in the U.S.
C)It has been adopted by half the states in the U.S.
D)It has been adopted by 40 states in the U.S.
E)At this point,it has not been adopted by any state in the U.S.

Question 58

Signatories to agree to accept wills of other signatories for probate,as to matters of form,if such wills are executed with the provisions of the convention.

A)The Convention for Recognition of Foreign Wills
B)The Convention Providing for a Uniform Law on the Form of an International Will
C)The Convention on Uniform Wills and Trusts
D)The Convention on Uniform Wills
E)The Convention Approving Uniformity on the Form of International Wills and Trusts

Question 59

An)________ trust is created by a court to hold property in trust for its rightful owner.

A)Actual
B)Validating
C)Resulting
D)Real
E)Constructive

Question 60

Which of the following is a false statement regarding the trust system in India?

A)The family waqf resembles a trust,although the beneficiary of a family waqf must have a religious,pious,or charitable purpose.
B)Waqfs and trusts have some similarities.
C)Some legal scholars have suggested that the religious roots of the waqf have made this construct less flexible and responsive to change over time than the trust,with its secular roots.
D)Civil law governs the trust system in India.
E)There are legal constructs,similar to trusts,allowing families to pass wealth from generation to generation.

Question 61

What was the result in the case text McDaniel v.McDaniel,where brothers were fighting over their father's estate,Charles accused Jerry of undue influence and fraud,where Jerry convinced their father that Charles had stolen all of his money and as a result,the father created a new will and left Charles nothing?

A)There was sufficient evidence of only undue influence.
B)There was sufficient evidence of both fraud and undue influence.
C)There was sufficient evidence of only fraud.
D)There was insufficient evidence the father's actions were motivated by Jerry.
E)There was insufficient evidence the father 's actions were a result of fraud.

Question 62

Which of the following is not one of the reasons suggested by the text as to why people create trusts?

A)Protect an animal.
B)Prevent individuals from gaining access to certain assets.
C)Protect another person.
D)Avoid paying taxes.
E)Hide assets from creditors.

Question 63

Which of the following statements is false regarding the International Institute for the Unification of Private law?

A)It strives to promote unity in private law
B)It is an independent intergovernmental organization
C)It prepares uniform laws
D)It strives to promote harmony in private law
E)It will not accept wills in conformance with the Convention Providing for a Uniform Law on the Form of an International will.

Question 64

Which of the following refers to all or part of an individual's body that the individual wishes to donate upon his or her death?

A)Donor gifts
B)Advance directives
C)Disposition of remains
D)Anatomical gifts
E)Organ donation

Question 65

Which of the following statements is true regarding the codicil Mark drafted?

A)It fails to meet the signature requirement.
B)It has no effect because holographic codicils are not recognized.
C)It fails to meet the requirement of attestation by witnesses.
D)It fails to meet the writing requirement.
E)It meets all of the requirements for a valid codicil.

Question 66

As discussed in the case text In re Estate of Duke,what type of evidence may a party produce to demonstrate a will is not ambiguous?

A)Circumstantial evidence
B)Indirect evidence
C)Direct evidence
D)Extrinsic evidence
E)Cumulative

Question 67

Which of the following statements is false regarding codicils?

A)They are separate documents from a will.
B)It is read with the will as a unit.
C)They add or change a previous will or codicil.
D)To be valid,they have the same requirements as a will.
E)A testator can only make two codicils before he or she is required to write a new will.

Question 68

In the case text In re Estate of Duke,Irving prepared a holographic will in which he left all of his property to his wife,Beatrice.The will provided that,should Irving and Beatrice die at the same time,the estate was to be divided between two named charities.Beatrice died in July 2002 and Irving died in November 2007.The two charities and Irving's nephews disputed the distribution of the estate.What was the result?

A)The charities were successful because Beatrice predeceased Irving.
B)The nephews were successful because the will did not contemplate Beatrice dying first,therefore,the laws of intestacy applied.
C)The nephews were successful because they were the next of kin.
D)The charities were successful because they were named in the will.
E)The case was remanded for additional evidence to be put on to show Irving's intent.

Question 69

[Will Formalities] Mark decided he wanted a will.Mark contacted Anthony,a reputable attorney with an expertise in estate planning.In their initial meeting,Mark described the property he owned and how he wished it to be distributed upon his death.Mark also specified his funeral arrangements.Anthony drew up the will and provided Mark with a draft.Mark made some minor revisions,which Anthony incorporated.Mark and Anthony went over the will one last time,in the presence of Anthony's administrative assistants,Stacy and Jason.Mark was satisfied with the will and signed it.Two years later,Mark wanted to revise his will to add his new wife,Karen.The document named Karen as the primary beneficiary instead of Mark's brother,John.Mark handwrote these provisions on a thin cutting board and labeled it "codicil," signed it,and attached it to his will.Mark unexpectedly dies and Karen and John dispute who should receive the majority of Mark's assets.
Which of the following statements is true regarding the will Anthony drafted?

A)It fails to meet the signature requirement.
B)It fails to meet the requirements of a valid will because Anthony did not ask for a doctor's evaluation to determine if Mark was of sound mind.
C)It fails to meet the requirement of attestation by witnesses.
D)It meets all of the requirements for a valid will.
E)It fails to meet the writing requirement.

Question 70

refers to the property held in trust.

A)Trust corpus
B)Assets
C)Holdings
D)Effects
E)Income property

Question 71

Which of the following is not a valid basis to challenge a will?

A)Fraud
B)Undue influence
C)The will was not in writing
D)Uneven distribution
E)The will was not attested by any witnesses

Question 72

Who is the recipient of the interest or appreciation generated by a trust?

A)Remainderman
B)Income beneficiary
C)Beneficiary
D)Trustee
E)Legatee

Question 73

________ are ambulatory,________ are not unless they contain special reservations.

A)Wills;codicils
B)Trusts;wills
C)Trusts;contracts
D)Wills;trusts
E)Wills;contracts

Question 74

Which type of trust is designed to take effect on the completion of a specified behavior?

A)Family incentive
B)Living
C)Involuntary
D)Constructive
E)Implied

Question 75

Which of the following refers to a person's right to place limits on other people's efforts to prolong her or his life.

A)Health care proxy
B)Right to die
C)Durable power of attorney
D)Power of attorney
E)Advance directives

Question 76

Regarding Troy's statement that the revision to the will meant nothing,which of the following statements is true?

A)The change to the will is not objectionable so long as Madison can prove by a preponderance of the evidence that Troy was indeed having an affair with Lucy.
B)Regardless of whether or not the change was made by a lawyer,it was ineffective because in order to revise a will,the initial will must be revoked and a completely new will written.
C)The revision to the will was ineffective,not because it was done by Kara,but because it improperly expressed personal opinion of an individual which by law must be absent from a will.
D)Assuming other requirements are met,the change to the will is not objectionable on the basis that it was done by Kara or on the basis that it expressed a personal opinion regarding Troy.
E)The revision to the will was ineffective because it was not done by a lawyer.

Question 77

What is the term for a person who holds property and uses it for the benefit of a third person?

A)Remainderman
B)Settlor
C)Trustor
D)Trustee
E)Beneficiary

Question 78

Which of the following is not an example of nonprobate property?

A)Life insurance with named beneficiaries
B)Pension plan distributions
C)Jointly held property
D)Property held in trust for the benefit of another
E)Life insurance with the named beneficiary as the estate

Question 79

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

A)A testament
B)A revision
C)A codicil
D)A documentary revision
E)There is no document that changes or adds to a will because to revise a will,the initial will must be revoked and a completely new will written.

Question 80

How effective is Adriana's signature in this situation?

A)It is effective only if Adriana had seen Kara's signature before and could identify the signature as Kara's.
B)It is ineffective only because Kara's attempted change is ineffective.
C)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.
D)It is not an effective attestation because she did not witness Kara sign the will.
E)It is effective.