Trusts and Estates Multiple Choice

Which of the following is a correct classification of testator's gift

"I give Bill 100 shares of Google stock" - general gift

Robert received a typed will from his attorney and executed it with all the required formalities. The will read, "my bike to Maya, my house to Colton, and all the rest to Joshua." A few months later, Robert executed a codicil and expressly revoked his gift to Maya. Below are four iterations of Robert's codicil. In which one is a court most likely to apply the doctrine of dependent relative revocation and save the gift to Maya?

"I revoke my bequest to Maya because she is dead." Maya is alive.

T's will devises 100,000 to son Martin, 100,000 to daughter Sally, and residuary to spouse. Martin has a daughter Kelly. Martin dies after T executes the will. T's estate is worth 1mil. Who gets what?

100k Kelly 100k Sally 800k Spouse

Testator's will devises "100 shares of Hi-Flier Corp. stock" to her sister, Ann. To what is Ann entitled if, two years before Testator's death, Hi-Flier Corp. declared a stock dividend, entitling shareholders to one share for each share they previously held.

200 shares

Scrooge states "I devise 20k to Moe, I devise 10k to Larry, I devise residue to Curly." Scrooge crosses out the devise to Larry and writes $1, initialing his name. There is 100k in the estate. Who takes what in most states?

20k Moe 80k Curly

Which of the following is correct?

A codicil is a will.

Two types of notice

Actual and publication

Will 1: All to D Will 2: 3/4 to D, 1/4 to S T tears up Will 2, saying he wants to reaffirm the first will. Where does estate go?

All to D

Doug and Elaine, married, died while hiking. Doug died immediately. Elaine died six days later. Doug's sole heir is his mother, Mary. Elaine's sole heir is her father, Ben. Doug's will left his entire estate to Elaine. Elaine's will left her entire estate to Doug. Under the Uniform Simultaneous Death Act, which of the following is correct?

Ben will succeed to the estates of both Doug and Elaine.

Ella and Madison were married for only one week. Both died together in a plane crash. There is no indication that either survived the other; all evidence indicates that they died simultaneously. Neither had a will. Ella is survived by her son (by a previous marriage) Bert. Madison is survived by his brother John. How will Ella and Madison's estates be distributed?

Bert will receive Ella's estate and John will receive Madison's estate.

Adam's valid holographic will provided, in part, "$4000 to my best friend, Bob, and $7000 to my sister, Joan." Both Bob and Joan predeceased Adam. Bob is survived by his wife Mary and his son Roy. Joan is survived by her niece Cheryl. This jurisdiction applies UPC 2-605, defining "predeceased beneficiary" as "a grandparent or lineal descendant of a grandparent." Which of the following is correct?

Both gifts fail and fall to the residue if there is one; if not, to intestacy.

Ann tells you she plans to acquire items of value, and does not yet know how she will want those items distributed. As Ann acquires more items, she might change her mind about how existing items should be distributed. She asks you to draft her will, and wants your advice about how to deal with these potential acquisitions.

Can write a supplemental memo at the time of the will, which can be amended later.

If grandpa doesn't pay his bills and cannot manage property and affairs by _______, guardianship action.

Clear and convincing

When there is fraud (intent to deceive, lie, and will was based on that), how does a court fix this?

Constructive trust

Brent's will gives Dan "my 100 shares of Netflix stock." At Brent's death, his estate contains 80 shares of Netflix stock. Which of the following is correct in a majority of jurisdictions?

Dan receives only the 80 shares.

Deon was deeply in love with his girlfriend, Tanya. Five years ago, Deon executed duplicate wills naming Tanya as his sole beneficiary. Deon's attorney retained one original and Deon kept the other original. Last year, Tanya and Deon had a major fight and broke up. Deon called his attorney and told him to revoke his will. The attorney, in the presence of three witnesses, took Deon's will and tore it into small pieces. He sent Deon a handwritten letter informing him that he had revoked Deon's will and enclosed the torn pieces. When Deon died, the attorney's letter was found, but not the pieces of Deon's will. Deon's two brothers and Tanya survive him. Tanya offers the duplicate original for probate. How should the court rule?

Deon's will was not effectively revoked and Tanya will take his entire estate.

While backpacking in Europe, Jesse met and fell in love with Trissa. They returned to the U.S. and decided to move in together. A few weeks later, Jesse executed a valid will that read, "All to my best friend and companion Trissa." After three years, Jesse and Trissa's relationship had grown stale. While Trissa was on a business trip, Jesse wrote another valid will that stated, "My car and boat to my brother Devon, my television and sports memorabilia to my sister Julia, and $10,000 to my bowling partner Bryson." Jesse died shortly thereafter. How will Jesse's estate be distributed?

Devon, Julia, and Bryson will receive their specific gifts and Trissa will take the residue of Jesse's estate.

If the power of attorney is ____, then it survives incapacity

Durable

Emma has three children, Noah, Liam, and Bill. Noah predeceases Emma, leaving one child Ava. Liam predeceases Emma, leaving two children, Olivia and Sophia. Bill, Ava, Olivia, and Sophia survive Emma, who dies intestate. In a jurisdiction that applies a per capita at each generation system (UPC 2-106(b)), how will Emma's estate be distributed?

Emma's estate will be distributed 1/3 to Bill, and 2/9 each to Ava, Olivia, and Sophia.

Emma has three children, Noah, Liam, and Bill. Noah predeceases Emma, leaving one child Ava. Liam predeceases Emma, leaving two children, Olivia and Sophia. Olivia predeceases Emma, leaving two children Mason and Ethan. Mason also predeceases Emma, leaving two children Jacob and Joshua. Bill predeceases Emma, leaving his adopted child Dave. Dave predeceases Emma, leaving one child Fred. Ava, Sophia, Ethan, Fred, Jacob and Joshua survive Emma, who dies intestate. In a jurisdiction that applies a per capita at each generation system (UPC 2-106(b)), how will Emma's estate be distributed?

Emma's estate will be distributed 1/4 each to Ava and Sophia, 1/6 each to Ethan and Fred, and 1/12 each to Jacob and Joshua.

Emma has three children, Noah, Liam, and Bill. Noah predeceases Emma, leaving one child Ava. Liam predeceases Emma, leaving two children, Olivia and Sophia. Olivia predeceases Emma, leaving two children Mason and Ethan. Mason also predeceases Emma, leaving two children Jacob and Joshua. Bill predeceases Emma, leaving his adopted child Dave. Ava, Sophia, Dave, Ethan, Jacob and Joshua survive Emma, who dies intestate. In a jurisdiction that applies a modern per stirpes (per capita with representation) system, how will Emma's estate be distributed?

Emma's estate will be distributed 1/4 each to Ava, Sophia, and Dave, 1/8 to Ethan, and 1/16 to Jacob and Joshua.

Loise has 50k in checking account, a home, and stocks. What goes through probate?

Everything

What the spouse takes under the premarital will statute is always the same as what they would take under intestate succession: true or false?

False

Will 1: I leave tangible personal property to D. I leave the residuary to C. Will 2: I leave all my property to D. Will 3: I revoke will 2, and leave all tangible personal property to G. How is estate distributed?

G tangible property Intestacy residuary

"I give Bill 100 shares of Google stock" what type of gift?

General

Brody's valid will read, "My house to Floyd, and all the rest and residue to my friends Reagan, Tristan, and Hamid." At Brody's death, his will is recovered, but Tristan's name was crossed out in ink. Which of the following is correct in a majority of states?

In a state that does not allow partial revocation by physical act, Tristan will still receive 1/3 of the residuary estate.

Clause Five of Fazal's valid typewritten will provides: "I bequeath the sum of $5000 to my friend, Parker." Two years later, Fazal takes his will, grabs a pen, crosses out the "$5000," and writes above it "$10,000". Which of the following is correct?

In a state that does not permit partial revocation by physical act, Parker takes $5000 since both the interlineation and the cross out are ineffective.

Which of the following will provisions will NOT be considered valid under the doctrine of facts of independent significance?

In my right desk drawer are located monthly statement of my brokerage accounts. I leave the accounts in the drawer to my nephew, Todd.

Which of the following is a correct statement regarding antilapse statutes?

In virtually every state, a child of the testator meets the statutory degree of relationship required to allow a substitute beneficiary.

Will 1: All to my wife Will 2: All to children (not witnessed) At this time, Will 1 was torn up and T said "now that cheater won't get a dime from me." Where does estate go?

Intestacy

In a class gift, does the issue of the deceased class member take or does it go to other members of the class take under modern law?

Issue of deceased class member takes

Shane devised his entire estate to "my niece Edith and the children of my friend Sheila." Edith predeceased Shane, survived by her husband Glen and her only child, Gene. Edith's will left her entire estate to her husband. Sheila's three children were alive at Shane's death. This jurisdiction's antilapse statute defines "predeceased beneficiary" as "a grandparent or lineal descendant of a grandparent." How will Edith's share of the estate be distributed in most jurisdictions?

It will pass to Gene.

Kurt instructed his attorney that he wanted to leave the residue of his estate to his nine uncles. When his attorney asked Kurt about his testamentary scheme, Kurt explained that he had no surviving aunts, that his uncles were his nearest relatives, and that he was always very close to them. Kurt's attorney drafted the will, which provided, in part, that the residue goes to Kurt's "heirs at law." Upon Kurt's death, Kurt's paternal grandfather (with whom Kurt rarely communicated) claims the residue as the nearest heir at law. In a jurisdiction that applies the common law plain meaning rule, which statement is correct?

Kurt's paternal grandfather will take the residue.

T's will gives 1/2 estate residuary to son Martin, and 1/2 of the residuary to friend Lena. T has two children, Martin and Kelly. Martin has a daughter Kelly. Who takes if Martin dies after will is executed?

Lena

Claire dies on Tuesday, leaving a valid will that devises all her property to her boyfriend Zack. Her will provision is a complete surprise to her husband, Les. On the Friday following Claire's death, Zack dies from a broken heart. Zack has no will and dies intestate. He is survived by his aunt, Stella. The applicable statute mirrors the UPC and provides "an individual who by clear and convincing evidence fails to survive the decedent by 120 hours is deemed to have predeceased the decedent." Who will receive Claire's estate?

Les

While single, Reggie purchased a vintage guitar. After he married Lisa, Reggie purchased a vacation condo near their house with his earnings. When Reggie's mother died, she left him a diamond bracelet, valued at $35,000. Both Reggie and Lisa lived in a separate property state all their lives. Shortly before his death, Reggie executed a valid will. The will left "all of my estate to my friend, Rhonda." Which of the following is a correct statement of Lisa's interest in Reggie's estate?

Lisa has an elective share in the guitar, condo, and bracelet.

Lucy has three children, Mike, Scott, and Tom. Mike predeceases Lucy, leaving one child Lucas. Scott predeceases Lucy, leaving two children, Susan and Janet. Susan predeceases Lucy, leaving two children Bobby and Robert. Bobby also predeceases Lucy, leaving two children Neal and Tatum. Tom predeceases Lucy, leaving his adopted child Chris. Lucas, Janet, Chris, Robert, Neal and Tatum survive Lucy, who dies intestate. In a jurisdiction that applies a modern per stirpes (per capita with representation) system, how will Lucy's estate be distributed?

Lucy's estate will be distributed 1/4 each to Lucas, Janet, and Chris, 1/8 to Robert, and 1/16 to Neal and Tatum.

T's will gives 1/2 estate residuary to son Martin, and 1/2 of the residuary to friend Lena, who has a child Doug. T has two children, Martin and Kelly. Martin has a daughter Kelly. Who takes if Lena dies after will is executed?

Martin 100%

Scrooge states "I devise 20k to Moe, I devise 10k to Larry, I devise residue to Curly." Scrooge crosses out the devise to Larry, initialing his name. There is 100k in the estate. Who takes what in most states?

Moe 20k 80k Curly

"I devise 20k to my sister Samantha and the residuary to my niece Nancy and husband's daughter Debbie equally." Samantha predeceases T, but has a daughter Nancy. Who receives if Testator dies childless and with 200k? (devises to grandparents or descendants of grandparents)

Nancy 20k from Samantha Nancy 60k from residuary Debbie 60k from residuary

In early May 2015, Helen executed a valid will that read, "All my property to my son Sean, except for some personal items I have designated in a memo I wrote in April." When Helen died, her son found her will in a bedside drawer. Under the will was a ragged slip of paper that read, "My jewelry to my sister Nancy and my family photographs to my sister Ella." The slip was dated April 29, 2015. It was neither signed by Helen nor witnessed. Which of the following are correct?

Nancy receives the jewelry, Helen the family photographs, and Sean the rest of the estate.

Will 1: I leave Blackacre to my nephew and remainder to Yale Will 2: I leave Blackacre to my niece Testator burns Will 2. How is the estate distributed?

Nephew receives Blackacre Yale receives remainder

"All of the cash in my kitchen drawer to my son Charles." Permitted?

No

"All of the stocks and bonds found in my safe deposit box." Permitted?

No

"I leave my 100 shares of IBM stock to those people listed on the envelope in which the stocks will be found at my death." Permitted?

No

Do words of survivorship "to Dave if he survives me, if not to Donna" cause a gift to not lapse and go to the other person?

No

Alexa died intestate, leaving three children, Nora, Mustafa, and Denzel. One year before Alexa died, she deeded her $100,000 summer home to Nora and gave Mustafa $50,000 to help start his business. Alexa's estate consists of $600,000 in cash. Her sole heirs are her three children. Under the common law approach, how will Alexa's estate be distributed?

Nora receives $150,000, Mustafa receives $200,000, and Denzel receives $250,000.

Will 1: I leave Blackacre to my nephew and leave remainder to Yale Will 2: I leave Blackacre to my niece ad leave remainder to Yale Testator burns will 2. How is the estate distributed?

Passes by intestacy

If grandpa doesn't pay his bills and his property will be wasted or dissipate unless someone else manages it, it must be proven by ________ evidence.

Preponderance of the evidence

Cora and Sawyer had been married for 20 years when they decided to draft mutual wills. Each will read, "All assets to my surviving spouse, but if my spouse predeceases me, then to Matt." Matt was Cora and Sawyer's close friend. He had some physical problems and could benefit greatly from any bequest. Cora and Sawyer mistakenly signed each other's will. Although Cora died first, the error was only discovered at Sawyer's death. Sawyer is survived by Matt and several of Sawyer's nephews. How will Sawyer's estate be distributed in a jurisdiction that follows the traditional rule of strict compliance?

Sawyer's nephews receive the entire estate.

Loise has 50k in checking account, a home, and stocks. Loise makes a POD account and deeds the house joint tenants with right of survivorship. What goes through probate?

Stocks

Trust that could be used to allow a settlor or beneficiary to retain Medicaid benefits

Support

Carl devised $8,000 to his brother, Louis. Louis predeceased Carl, but was survived by his nephew Keith, his wife Molly, and his grandmother Sarah (all of whom also survived Carl). At Carl's death, what happens to the $8,000 devise? This jurisdiction applies UPC 2-605, defining "predeceased beneficiary" as "a grandparent or lineal descendant of a grandparent."

The $8,000 falls to the residue, if there is one; if not, to intestacy.

Provision 5 of Hannah's will read, "all the rest and residue to my beloved husband, Tyrone." Tyrone predeceased Hannah. He was survived by Emma, his granddaughter from a previous marriage. In most jurisdictions that have an antilapse statute, which of the following is correct?

The devise to Tyrone will fail.

O who is not married, died survived by two adult children, c1 and c2. In the presence of friends, O wrote a letter addressed to his children, stating that the home and contents were to go to c1. O explained the contents to his friends and signed the letter. The letter was not received by the children until after O's death. His friends will testify as to his statements and competency. Which is true:

The house and contents go to c1.

O who is not married, died survived by two adult children, c1 and c2. In the presence of friends, O typed a letter addressed to his children, stating that the home and contents were to go to c1. O explained the contents to his friends and signed the letter. The letter was not received by the children until after O's death. His friends will testify as to his statements and competency. Which is true:

The house and contents pass to c1 and c2.

Ashley devised her IBM stock to her granddaughter Nicole. Nicole predeceased Ashley and was survived by her (Nicole's) granddaughter, Renee. At Ashley's death, what happens to the stock? This jurisdiction's antilapse statute defines "predeceased beneficiary" as "issue of the testator."

The stock passes to Renee because she is Nicole's issue.

In a strict compliance jurisdiction, in which of the following cases will a testator's will most likely be deemed revoked by physical act?

The testator had her will shortly before she died and the will cannot be found after her death.

A demonstrative devise is when a gift can be satisfied from not just a specific account, but from accounts outside: true or false?

True

A surviving spouse and children have the right to an exemption amount from a decedent's estate, even before creditors get paid: true or false?

True

Banks can honor a power of attorney: true or false?

True

Because trusts are will substitutes, all rules of wills are applicable: true or false?

True

Creditor claims have priority over beneficiaries: true or false

True

It is possible in states that do not follow the UPC to have a spouse that can collect the elective share AND collect from assets passing from outside the probate estate: true or false?

True

Reasons why settlors create irrevocable trust is to qualify for medicaid or avoid estate taxes. True or false.

True

The difference between a power of attorney and guardianship is court declared incompetency: true or false?

True

Undue influence can be rebutted if testator consulted counsel outside of the confidential relationship: true or false?

True

A person may leave an unlimited amount of assets to their spouse with no federal estate tax. This is called the ____.

Unlimited Marital Deduction

Lucy dies intestate, leaving three daughters, Claire, Violet and Stella. Lucy gave Claire lifetime gifts worth $40,000. Lucy's estate totals $50,000. Her sole heirs are her three children. Under the common law approach, how will Lucy's estate be distributed?

Violet and Stella will divide equally the $50,000.

Will 1: all to my wife, not my kids Will 2: 10k to each child, residuary to wife (not witnessed) At this time, Will 1 was torn up and T said "now my children will never know I cut them out." Where does estate go?

Wife

S insists A is not his daughter and leaves nothing to her in his will. He only left for his wife and charities. How would the estate be distributed if A proves by DNA testing that he is her father?

Wife and Charities

Shantay called her friends to come to Starbucks and witness the signing of her will. When Ray and Jay arrived, Shantay took out her will and signed it in their presence. Unfortunately, Shantay received a phone call that her mother had just been admitted to the hospital. She quickly got up, left her will with Ray and Jay, and asked them to sign it as witnesses. Ray signed the will and left; then Jay signed. Using the modern trend (and UPC) approach, which of the following is correct?

Will is valid

"1,000 to each of the persons who shall be employed by my company, Testator, Inc., at the time of my death." Permitted?

Yes

"All of the cash and securities in my brokerage account at Merrill Lynch to my daughter Barbara." Permitted?

Yes

"I devise my farm to Irene." Owns the farm, house, and store on the same parcel of land. Can Irene introduce testimony that T told her she'd receive the farm, house, and store?

Yes

"I leave my 100 shares of IBM stock to the oldest of my sisters living at the time of my death." Permitted?

Yes

Harvey's will states "If I am the owner of the Condo at the time of my death, property should pass to Ann." Before death, he contracts to sell the Condo and receives a 20k deposit. Does Ann get anything? yes or no

Yes

Hume's will leaves house to Meredith. House is foreclosed and sold at time of death. Does Meredith get sale proceeds? yes or no

Yes

The UPC allows destroying or tearing any part of the will. Does this include crossing out a name?

Yes

"I devise 30k to nephews, except J because he tried to commit me to a nursing home. Residuary to Red Cross." J has proof he never tried to commit T to a nursing home. Can this be introduced?

Yes, because it was a mistake by inducement

Marquis executed a valid will leaving $25,000 to any charity designated in the will of his brother, Xavier, and all the rest and residue to Xavier. On year later, Xavier executed a valid will leaving $5000 to the American Red Cross and all else to Marquis. Xavier had been a volunteer for the American Red Cross for over 15 years and he was extremely devoted to its causes. While driving back from a family gathering, Marquis and Xavier were killed when a train hit their car. They died simultaneously. In most jurisdictions, will the American Red Cross receive the $25,000 gift from Marquis's estate?

Yes, under the doctrine of acts of independent significance.

Jerry visited his attorney because he wanted to revoke his attested 2014 will. Upon arrival and in front of two witnesses, Jerry told his attorney he wanted to revoke the will. Jerry's attorney turned over the one-page will, and wrote in pen on the back "This will is cancelled." Jerry signed and dated the handwritten notation. Jerry has died and his brother and sister want to probate the will. In a strict compliance jurisdiction, will the 2014 will be probated?

Yes. The notation did not touch the words of the 2014 will and therefore did not constitute a revocation by physical act.

"2500 from my wells fargo account" what type of devise?

demonstrative

"30,000 from sale of my car" what type of devise?

demonstrative

completely dispenses with formalities if intent is clear

dispensing power

"Ten shares of GM stock" what type of gift

general

A writing that does not meet the statutory requirements can be incorporated into a will if 1) the intent to incorporate appears on the face of the will, 2) the writing exists at the time of the will's execution, and 3) the writing can be identified as the document intended to be incorporated.

incorporation by reference

Disposes tangible personal property other than money, existed, signed, intended to be incorporated, and described sufficiently in the will to permit identification

incorporation by reference

May be prepared before or after execution of will, altered after preparation, and only be significant to devise

incorporation by reference

Intent to be one will document and sufficient to permit identification - all pages make up one will

integration

requires all formalities must be met

strict compliance

focus on degree of formalities complied with and intent to create will

substantial compliance

What are three levels of will review

substantial compliance dispensing power strict compliance