Question 1

When a husband and wife die in a common disaster, the Uniform Simultaneous Death Act allows the property of each person to be distributed as if he or she had not survived.

Accepted Answer

A) True 
 B)False  False

Question 2

In most jurisdictions today, heirs are defined as those persons who are

Accepted Answer

A)   entitled under the statutes of intestate succession to the property of the decedent.
B)   related to the decedent by affinity.
C)   nearest of kindred to the decedent.
D)   related to the decedent by collateral consanguinity. A

Question 3

Today, most state laws allow nonmarital children to inherit from and through their mothers but not their fathers.

Accepted Answer

A) True 
 B)False  False

Question 4

The term per stirpes means

Accepted Answer

A)   posthumous.
B)   by right of representation.
C)   by the half blood.
D)   by the heads.

Question 5

First cousins are

Accepted Answer

A)   first-degree relatives.
B)   second-degree relatives.
C)   third-degree relatives.
D)   fourth-degree relatives.

Question 6

The term escheat refers to

Accepted Answer

A)   fraudulent practices of a decedent.
B)   unethical practices of an attorney.
C)   a decedent's having cheated on an income tax return.
D)   a decedent's property passing to the state.

Question 7

People related by blood are said to be related by

Accepted Answer

A)   affinity.
B)   issue.
C)   stirpes.
D)   consanguinity.

Question 8

Under the Uniform Probate Code, a person born out of wedlock is a child of the mother, and also a child of the father if the

Accepted Answer

A)   father has not openly treated the child as his.
B)   father has refused to support the child.
C)   paternity has not been established by an adjudication before the death of the father.
D)   natural parents participated in a marriage ceremony before or after the birth of the child.

Question 9

For inheritance purposes, modern statutes generally treat adopted children as kindred of the adopting parents and as strangers to their former blood relatives.

Accepted Answer

A) True 
 B)False

Question 10

When people die without a will, the law of the state in which the decedent is domiciled determines how their real property will pass.

Accepted Answer

A) True 
 B)False

Question 11

When someone dies intestate survived by no issue and no father or mother, the part of the estate not passing to the surviving spouse usually passes to the

Accepted Answer

A)   decedent's brothers and sisters equally.
B)   state.
C)   decedent's children.
D)   decedent's nieces and nephews.

Question 12

A posthumous child is a child who was

Accepted Answer

A)   born prior to the death of the father.
B)   born out of wedlock.
C)   born after the death of the father.
D)   conceived with frozen sperm after the father's death.

Question 13

A divorce does not terminate the right of a former spouse to inherit from an intestate.

Accepted Answer

A) True 
 B)False

Question 14

The relationship between people who have the same ancestors but who do not ascend or descend from each other is

Accepted Answer

A)   affinity.
B)   lineal consanguinity.
C)   collateral consanguinity.
D)   half blood.

Question 15

When someone named to receive a gift in a will refuses to accept it, the property passes

Accepted Answer

A)   to the state.
B)   by intestacy to other family members.
C)   to that person anyway.
D)   according to the residuary clause of the will.

Question 16

When the beneficiary of an insurance policy dies simultaneously with the insured, the proceeds of the policy are payable as if the insured had survived the beneficiary.

Accepted Answer

A) True 
 B)False

Question 17

Technically, descent refers to the passage of real property, and distribution refers to the passage of personal property.

Accepted Answer

A) True 
 B)False

Question 18

The amount that a surviving spouse inherits from a spouse who dies without a will is the same in every state.

Accepted Answer

A) True 
 B)False

Question 19

In all estates, heirs must be listed on the court petition for probate of a will or administration of an estate.

Accepted Answer

A) True 
 B)False

Question 20

Lineal descendants, that is, people who have descended from a common ancestor, are referred to as issue.

Accepted Answer

A) True 
 B)False

Exam 4: Intestate Succession

When a husband and wife die in a common disaster, the Uniform Simultaneous Death Act allows the property of each person to be distributed as if he or she had not survived.

In most jurisdictions today, heirs are defined as those persons who are

Today, most state laws allow nonmarital children to inherit from and through their mothers but not their fathers.

The term per stirpes means

First cousins are

The term escheat refers to

People related by blood are said to be related by

Under the Uniform Probate Code, a person born out of wedlock is a child of the mother, and also a child of the father if the

For inheritance purposes, modern statutes generally treat adopted children as kindred of the adopting parents and as strangers to their former blood relatives.

When people die without a will, the law of the state in which the decedent is domiciled determines how their real property will pass.

When someone dies intestate survived by no issue and no father or mother, the part of the estate not passing to the surviving spouse usually passes to the

A posthumous child is a child who was

A divorce does not terminate the right of a former spouse to inherit from an intestate.

The relationship between people who have the same ancestors but who do not ascend or descend from each other is

When someone named to receive a gift in a will refuses to accept it, the property passes

When the beneficiary of an insurance policy dies simultaneously with the insured, the proceeds of the policy are payable as if the insured had survived the beneficiary.

Technically, descent refers to the passage of real property, and distribution refers to the passage of personal property.

The amount that a surviving spouse inherits from a spouse who dies without a will is the same in every state.

In all estates, heirs must be listed on the court petition for probate of a will or administration of an estate.

Lineal descendants, that is, people who have descended from a common ancestor, are referred to as issue.