Wills & Estates Final
A common pre-probate task of a paralegal is to obtain certified copies of the decedent's death certificate from the funeral director. a. True b. False
True
A personal representative has a duty to commence a civil lawsuit for claims on behalf of the estate when necessary. a. True b. False
True
A personal representative is authorized to withdraw money from the decedent's existing savings and checking accounts. a. True b. False
True
A tickler system is a chronological list of all the important steps and dates in the stages of the administration of an estate. a. True b. False
True
A will is self-proved when a notary public is present at the execution of the will, hears the oaths, observes the acknowledgments and signatures, and officially notarizes the will. a. True b. False
True
Abatement can cause the gifts made in a will to be reduced or even eliminated. a. True b. False
True
Checklists should be used to collect information during the initial interview. a. True b. False
True
For all estates, whether testate or intestate, the beneficiaries must be listed in the court petition for probate of a will, and heirs must be listed for administration of an intestate's estate. a. True b. False
True
Formal probate involves proceedings conducted before a judge with the requirement that notice be given to all persons with an interest in an estate. a. True b. False
True
If the decedent's estate owes any federal taxes, the personal representative can be held personally liable for any taxes that are not paid. a. True b. False
True
It is the duty of the executor to collect and preserve only the probate assets of an estate. a. True b. False
True
Not everyone can legally make a will. a. True b. False
True
Some states allow an option for self-proving a will. a. True b. False
True
The law of property is mostly statutory. a. True b. False
True
When drafting a will, simple language should be used. a. True b. False
True
When the owner of a life insurance policy dies, the named beneficiary essentially automatically becomes the owner of the policy's benefits. a. True b. False
True
After execution of a will, the testator, by an intentional act of ademption, has the right to do all of the following EXCEPT: a. Add a beneficiary b. Revoke or cancel a testamentary gift c. Deliver the gift to the beneficiary before the testator's death d. Substitute a different gift for the original one
a. Add a beneficiary
Which is an example of real property? a. Apartment building b. Stocks and bonds c. Automobile d. Crops cultivated for sale
a. Apartment building
Which is NOT a way to accomplish revocation? a. By intent b. By subsequent writing c. By physical act d. By operation of law
a. By intent
Which form of will is NOT made in writing? a. Nuncupative will b. Holographic will c. Living will d. Statutory will
a. Nuncupative will
Which is a government grant that gives an inventor an exclusive right to make, use, and sell an invention? a. Patent b. Copyright c. Receivable d. Royalty
a. Patent
The checklist for family data should include all of the following EXCEPT: a. Tangible personal property, including personal effects and clothing of considerable value b. Age and marital status of the testator c. Full names, addresses, and phone numbers of the participants d. Mental and physical health of the testator and spouse
a. Tangible personal property, including personal effects and clothing of considerable value
Which is NOT an example of revocation by subsequent writing? a. The testator crosses out all clauses of the will with a pen. b. The testator adds a codicil to the will. c. A single testator writes a new will. d. An engaged testator writes a new will prior to marriage
a. The testator crosses out all clauses of the will with a pen.
What is the first priority in drafting a will under an attorney's supervision? a. Understanding the client's objectives b. Analyzing the information c. Gathering data from the client d. Reviewing the selected draft with the client
a. Understanding the client's objectives
Which of the following is not stated in the Order of Complete Settlement of the Estate and Decree of Distribution? a. All assets have been distributed to the beneficiaries or heirs who were entitled to receive them. b. All inheritance, gift, estate, and income taxes have been paid. c. The final account has been approved by the court and settled. d. The estate has been fully administered, including the payment of all allowed claims and administration, funeral, and last illness expenses.
a. All assets have been distributed to the beneficiaries or heirs who were entitled to receive them
Which is a pre-probate duty of the personal representative? a. Notifying the surviving spouse and/or minor children of their rights b. Helping to find and review any existing will c. Appraising all assets by value at the time of the decedent's death d. Opening an estate checking account
b. Helping to find and review any existing will
Which of the following is an advantage of a will? a. It eliminates complicated procedures b. It allows a person to leave property to someone who would not be entitled to inherit under intestate succession c. The probate of a will is generally quick, easy, and inexpensive. d. It retains privacy and confidentiality about the decedent's property and beneficiaries.
b. It allows a person to leave property to someone who would not be entitled to inherit under intestate succession
Which is an advantage of joint tenancy? a. The person who creates the joint tenancy has complete control over the property. b. Joint tenancy avoids probate. c. All joint tenants must agree before the joint tenancy can be terminated. d. The surviving recipient of the property previously held in joint tenancy is always the intended beneficiary.
b. Joint tenancy avoids probate.
Which is related to, but NOT part of, a standard will? a. General revocation clause b. Letter of instructions c. Appointment of personal representative d. Appointment of personal and/or property guardian
b. Letter of instructions
Which person is generally NOT automatically covered when the term children is used in a will? a. Adopted child b. Stepchild c. Natural, marital child d. Nonmarital child
b. Stepchild
Who is the only person a testator CANNOT disinherit? a. Surviving minor child b. Surviving spouse c. Surviving adult child d. Sibling
b. Surviving spouse
Which is not a feature of informal probate? a. The personal representative is not supervised by the probate court unless an interested party so requests. b. After the will has been admitted and the administrator is appointed, only a single notice to interested parties is necessary. c. The will and petition for administration are submitted to a judge or court registrar or clerk. d. If an interested party contests the will, proceedings then become formal.
b. After the will has been admitted and the administrator is appointed, only a single notice to interested parties is necessary.
Regarding a decedent's real property located in a state other than the state in which the decedent lived and died, which statement is not accurate? a. The proper venue for administration of such property is the county in which it is located. b. The court of the county of the decedent's legal domicile has jurisdiction over such property. c. Any taxes due on such property must be paid to the state in which the property is located. d. Ancillary administration is required for such property.
b. The court of the county of the decedent's legal domicile has jurisdiction over such property.
Which term identifies a court-appointed personal representative who replaces a previous personal representative who began, but failed to complete, the administration of a decedent's estate for any reason, including death? a. administrator cum testamento annexo b. administrator de bonis non c. public administrator d. special administrator
b. administrator de bonis non
The term that most specifically identifies a creditor who files a claim against a decedent's estate is: a. affiant. b. claimant. c. demandant. d. deponent
b. claimant.
A decedent's financial institutions must receive notice of his/her death so that they can meet all of the following legal obligations except: a. close all demand accounts of the decedent. b. open the decedent's safe deposit box. c. prevent joint holders of accounts with the decedent from withdrawing money. d. cancel all credit cards of the decedent.
b. open the decedent's safe deposit box.
A condition or specific event that must occur before an agreement or obligation becomes binding is: a. A defeasance b. A condition subsequent c. A condition precedent d. An advancement
c. A condition precedent
What is an annuity? a. The cash reserve that increases each year an insurance policy remains in force as a minimum savings feature b. An alternative that a party to an insurance contract agrees to follow to discharge the agreement c. A fixed sum to be paid at regular intervals to an insurance policyholder for either a certain or indefinite period d. An annual sum that the insured pays to an insurance company as consideration for the insurance contract
c. A fixed sum to be paid at regular intervals to an insurance policyholder for either a certain or indefinite period
Which is NOT used to determine if personal property has been converted into a fixture? a. Adaptation b. Intention c. Conveyance d. Annexation
c. Conveyance
Which circumstance would NOT make the personal representative's job more difficult? a. Someone contests the representative's payment to creditors. b. Someone contests the will. c. Creditors cannot be found. d. Heirs cannot be found.
c. Creditors cannot be found.
Which is NOT a basic type of will? a. Holographic will b. Joint will c. Living will d. Statutory will
c. Living will
If a decedent left three children and five grandchildren, two of whom are the sons of a deceased daughter, and the per stirpes method of distribution is used, how much of the decedent's estate will the two children of the deceased daughter receive? a. One-fourth b. One-fifth c. One-eighth d. None
c. One-eighth
When a person dies intestate and has no spouse or children, the estate then goes to: a. The state b. Lineal ascendants c. Other lineal descendants d. Other next of kin
c. Other lineal descendants
When a testator signs his or her name at the bottom of the will, he/she is: a. Executing b. Attesting c. Subscribing d. Witnessing
c. Subscribing
Which is LEAST likely to be used as a substitute for a will? a. Life insurance b. Joint tenancy c. Community property agreement d. Testamentary trust
d. Testamentary trust
A presumption of undue influence may be raised if a contestant shows that: a. The alleged influencer will not unduly profit as a beneficiary. b. The testator was not in a sickened or weakened condition when the will was executed. c. A confidential relationship did not allow the alleged influencer an opportunity to control the testamentary act. d. The alleged influencer actively participated in preparing the will.
d. The alleged influencer actively participated in preparing the will.
Which is NOT a requirement for the creation of a valid will? a. The testator or a person other than the testator must sign the will or make some other written mark. b. The testator must intend that a document be his/her last will. c. The will must be signed by witnesses. d. The beneficiary must be legally and mentally capable.
d. The beneficiary must be legally and mentally capable.
Which does NOT apply when a life estate is created and a reversion is retained? a. The reversion is not lost if the grantor dies before the grantee. b. The real property that reverts does not go through the probate process of the life tenant's estate. c. The grantor can transfer the reversion by deed or will. d. The grantee is the only person entitled to a reversion
d. The grantee is the only person entitled to a reversion
Jurisdiction is generally determined by the decedent's: a. Venue b. Will c. Residence d. Domicile
d. Domicile
Which requires the reopening of an estate that had been previously closed by the court? a. special administration b. decree of descent c. business left by the decedent that requires judicial action d. administration of omitted property
d. administration of omitted property
Which of the following is a pre-probate task? a. filing for a Federal Employer Identification Number b. opening a checking account for the estate c. sending notice to creditors d. establishing a tickler system
d. establishing a tickler system
Which Uniform Probate Code proceedings are conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative? a. formal unsupervised probate b. solemn probate c. common probate d. informal probate
d. informal probate
To prove a will, the court may require the subscribing witnesses to testify to all of the following in court except: a. the testator declared to the witnesses that the document held in his/her hand was his/her will. b. both witnesses knew the testator and that he/she was over the age of majority (18), of sound mind, and not acting under any constraint or undue influence. c. the witnesses watched the testator sign the will. d. the will was self-proved.
d. the will was self-proved.
In which case is a bond typically necessary for a personal representative? a. when the personal representative is a corporation, such as a bank or trust company b. when a testator states in the will that the personal representative may serve without bond c. when a will does not mention the bond and the personal representative is a family member or close friend and a resident of the state in which the estate is administered d. when there is no will and the decedent is survived by minor children
d. when there is no will and the decedent is survived by minor children
A Decree of Distribution states that all debts of an estate have been paid and all beneficiaries or heirs have received the property to which they are entitled. a. True b. False
False
A Family Settlement Agreement is a written agreement among heirs of an intestate or beneficiaries of a will by which these parties unanimously agree on the distribution of the decedent's estate without the need for a court order. a. True b. False
False
A decree of descent is generally used for the purpose of preserving a decedent's estate until an executor or administrator is appointed or for the purpose of giving immediate attention to the management of a business left by the decedent. a. True b. False
False
A living will states where the decedent wishes his/her children to be raised. a. True b. False
False
A revocable living trust set up by a person for the benefit of his/her children from a prior marriage may be revoked by the second spouse upon the death of the person who set up the trust. a. True b. False
False
All estate property, real and personal, must be appraised by the personal representative, with the help of the attorney, if necessary. a. True b. False
False
All federal and state death and income tax returns must be filed before the court issues an order for a hearing on the final account. a. True b. False
False
Creditors can generally contest a will. a. True b. False
False
During preparations for probate, a paralegal is not permitted to notify appropriate parties of a decedent's death. a. True b. False
False
Everyone needs a will. a. True b. False
False
If a will waives bond for a personal representative, the court will not hear requests of interested parties to require one. a. True b. False
False
Letters Testamentary authorize a general administrator to handle the affairs of an estate. a. True b. False
False
Once executed, a will can be revoked only by changing it or writing an entirely new will. a. True b. False
False
Only a paralegal who has mastered the intestate succession statutes and is experienced in responding accurately to any related questions should give legal advice at the family conference. a. True b. False
False
Parents are considered by law to be the natural guardians of their children and their children's property. a. True b. False
False
Recommending periodic reviews of the will whenever the client's marital status changes constitutes improper solicitation. a. True b. False
False
The Uniform Probate Code provides for the solemn and common methods of administering an estate. a. True b. False
False
The personal representative of an intestate decedent is an executor or executrix. a. True b. False
False
The rights of the named beneficiaries to receive property from an estate take priority over creditors' claims. a. True b. False
False
The testimonium clause generally introduces new information. a. True b. False
False
Venue is the authority that a court has to hear and decide a matter. a. True b. False
False
When a will names an executor, the court is compelled to appoint that person unless he/she is deemed not to be the most suitable person for the position. a. True b. False
False
States that allow holographic wills generally require that the wills also be signed by witnesses. a. True b. False
False
Which of the following should not be covered by the attorney and paralegal at the family conference? a. Examine the estate plans of the surviving spouse and offer to help the spouse amend his/her will. b. Determine whether the decedent made any advancements to any beneficiaries or heirs. c. Determine whether the decedent had a debt to any members of the family, and if so, advise the filing of a claim against the estate. d. Advise the personal representative to safeguard expensive personal property and other valuables by placing them in a newly opened safe deposit box.
a. Examine the estate plans of the surviving spouse and offer to help the spouse amend his/her will.
Which is not one of a personal representative's main duties? a. acting as guardian for any minor children of the decedent b. distributing property according to the will within guidelines set by state statute c. paying debts, claims against the estate, and taxes due d. collecting the estate's probate assets
a. acting as guardian for any minor children of the decedent
According to the Uniform Probate Code, which debt of an estate has the least priority? a. debts and taxes with preference under state law b. reasonable funeral expenses c. expenses of the last illness d. costs and expenses of the administration of the estate
a. debts and taxes with preference under state law
Which is a nonprobate asset of a decedent? a. real property owned in joint tenancy b. personal property c. automobiles d. personal bank accounts
a. real property owned in joint tenancy
Which of the following actions is the personal representative not permitted to take? a. selling property to the estate while retaining a personal interest in the estate b. withdrawing funds from bank accounts solely in the decedent's name c. taking title to the decedent's real property when it must be used to pay valid claims d. opening the decedent's safe deposit box
a. selling property to the estate while retaining a personal interest in the estate
Which allows heirs of an intestate or beneficiaries of a will to take possession, control, and title to a decedent's property and to assume personal liability to pay taxes, debts, and claims against the decedent? a. universal succession b. summary administration c. a family settlement agreement d. collection by affidavit
a. universal succession
Which part of a will names the person whom the testator wishes to care for his/her children in the event of the testator's death? a. Testamentary trust clause b. Appointment of personal and/or property guardian c. Testimonium clause d. Provision for residue of estate
b. Appointment of personal and/or property guardian
Which is tangible personal property? a. A vacation home b. Automobiles c. Stocks and bonds d. Cash
b. Automobiles
In orthodox terminology, which of the following refers to the recipient of personal property, other than money, according to a will? a. Legatee b. Beneficiary c. Heir d. Devisee
b. Beneficiary
Ancillary administration in the foreign state generally includes all of the following procedures EXCEPT: a. Payment of taxes imposed by the foreign state to that state b. Acceptance by the foreign state court of the will admitted to probate in the decedent's domiciliary state c. Transfer of the decedent's personal property to persons entitled to the property according to the foreign state's intestate succession statute d. Issuance of letters of authority that permit the real property to be transferred to the designated devisee named in the will
c. Transfer of the decedent's personal property to persons entitled to the property according to the foreign state's intestate succession statute
Which of the following is not part of ancillary procedures in a foreign state? a. A petition for probate of a foreign will must be filed with the court of the foreign state. b. Notice of the order for hearing must be sent to all interested persons, including creditors. c. The court will execute an order to prove the will in the foreign state. d. The court will issue Letters of Authority to the ancillary administrator.
c. The court will execute an order to prove the will in the foreign state.
Information for a petition to prove a will generally includes all of the following except: a. date and original copy of will being probated. b. name and address of executor or executrix. c. exact value of decedent's estate. d. domicile of the decedent.
c. exact value of decedent's estate.
For which action is a personal representative not held financially liable? a. nonpayment of any federal taxes of the estate b. placing a less-preferred creditor in a more favorable position than is appropriate c. renting estate property for his/her use, even if the amount of rent is reasonable d. decreases to the estate that occur because of a delay in action
c. renting estate property for his/her use, even if the amount of rent is reasonable
How long would a decedent and spouse have to be married for the surviving spouse to be entitled to an elective-share percentage of 50 percent of the augmented estate? a. 10 years b. 5 years c. 20 years d. 15 years
d. 15 years
Which is the responsibility of a paralegal? a. Distributing the remaining assets to the beneficiaries named in the will b. Ensuring that the personal representative properly administers the estate c. Keeping records and acting on behalf of the court d. Assisting in the execution of the final draft of a will
d. Assisting in the execution of the final draft of a will
In order for a will to be valid, it must: a. Be witnessed by no fewer than five people b. Include the date of death c. Be signed only by witnesses d. Be written or typed with a typewriter or word processor
d. Be written or typed with a typewriter or word processor
If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice, the attorney should: a. Ensure that the gift is the major asset of the estate b. Draft the will as requested c. Direct another attorney in the firm to draft the will d. Fully disclose the code of conduct to the client
d. Fully disclose the code of conduct to the client
Which is a gift of a fixed amount of money from the assets of a testator's estate? a. Residuary legacy b. Specific devise c. Specific legacy d. General legacy
d. General legacy
Which is NOT an example of community property? a. Property obtained from community property income during the marriage b. Property owned by the spouses in partnerships c. Income earned or acquired during the marriage by either spouse's employment d. Inheritance to a single spouse during the marriage
d. Inheritance to a single spouse during the marriage
A Letter of instructions is preferred to include which clause? a. Exordium clause b. Provision for payment of debts and funeral expenses c. Specific testamentary gifts clause d. Instructions for funeral and burial
d. Instructions for funeral and burial
Which is NOT a standard clause or provision of a will? a. Testator's signature b. Provision for residue of estate c. Specific testamentary gifts d. Power of attorney
d. Power of attorney
Which is a responsibility of the personal representative? a. Administering oaths in court b. Preparing a preliminary draft of the will c. Keeping records and acting on behalf of the court d. Publishing a notice to creditors to submit their claims by a specific date
d. Publishing a notice to creditors to submit their claims by a specific date
