Wills & Estates Study Guide

This act sets forth rules to be followed when the passage of property depends upon the time of death, and no sufficietn evidence can establish which person died first. This act provides an easy way to make a testamentary donation of vital organs upon death. This act prevents abuses when transfers are made to those under the age of majority. This is designed to modernize and standardize the laws relating to the affairs of decedents, minors, and others who need protection.

Uniform Simultaneous Death Act Uniform Anatomical Gifts Act Uniform Transfers to Minors Act Uniform Probate Code

The process of settling and distributing the estate of a deceased person is called:

administering the estate

Related by marriage:

affinity

An example of an advanced directive is:

all of the above

Grounds for contesting a will include:

all of the above

Types of organs that may be donated are:

all of the above

Which of the following are grounds for the removal of a personal representative?

all of the above

Which of the following is an essential part of the estate planning team

all of the above

The term meaning that a will can be changed is:

ambulatory

The authority to allow a court where a decedent owned property, but not in which he was domiciled, to administer the part of the estate dealing with that property is called:

ancillary jurisdiction

If, as a witness, you swear to seeing the signature or make a mental note that the signature exists, you will _________ to the will.

attest

A person for whose benefit a trust is created, or a person to whom an insurance policy is payable, is known as a:

beneficiary

This person receives some provision (benefit) from the trust.

beneficiary

Executors are required to post a _______ before they are appointed, making them personally liable in the event the estate is mishandled.

bond

The term used when a court allows a body to be dug up from a grave in the interest of justice is:

both a & b

In Mississippi, how much does a spouse receive through intestate succession if there is a living child of the decedent?

child's share of the estate

Related by blood:

consanguinity

Once a person dies, they move from being a "testator" to being a ______________.

decedent

The principal task of the _____________ is to gather the assets, pay the debts, and distribute the remainder according to the terms of the will.

executor

In Missisippi, how much would a spouse receive if there are no living children of the decedent, but there are living parents of the decedent?

100% of the estate

The ______________ clause identifies the testator, states the testator's domicile, declares the document to be the testators last will, and revokes all prior wills.

exordium

Probate of an intestate case is begun by filing a:

petition for administration

Estate planning done after a person dies is called:

postmortem planning

The process of proving a document as the true will of a decedent is called:

probating a will

One way a person can keep any part of his estate from passing intestate is by including "this" in his will:

residuary clause

How often is it suggested that a person review their will for necessary changes?

Every 5 years.

"Half-bloods" refer to relationships between people who have both the same parents in common.

False

A person claiming status as "head of household" may only be the husband.

False

A person's domicile is the place, at any given time, in which they die.

False

By a Supreme Court ruling, states are not allowed to prohibit a surviving spouse, who is in an adulterous relationship at the time their spouse dies, from inheriting from the deceased spouse's estate.

False

Client confidentiality is not something the paralegal should be concerned with.

False

If a "uniform" law has been established, all states must accept it in their own state codes.

False

If a person has not signed a donor card the surviving spouse cannot make an anatomical gift from their body upon their death.

False

If a person makes an anatomical gift by will, the organ is donated, but the will is later proven to be invalid, the organ donation is also invalid and the recipient must return the organ to the deceased's body.

False

If a surviving spouse is not satisfied with an amount left to him/her in their spouse's will, the saying, "too bad, so sad" applies, as there is nothing to be done at that point to inherit a different amount.

False

It is a good idea to include the testators wishes for his/her funeral in the will.

False

It is mandatory to include a "instructions to pay debts" paragraph in every will.

False

Once the initial interview with the client developing a will is over, it is not advisable to keep the handwritten notes of the attorney and paralegal.

False

Probate matters are heard in federal courts.

False

Right-to-die laws were enacted to give people the legal right to kill someone else.

False

Since an attorney should always review the paralegal's work, it is not necessary for the paralegal to understand the laws governing wills.

False

Tax returns for the decedent do not need to be filed since the person is deceased.

False

Tenancy by the entirety is a type of ownership for any two or more individuals, that will protect the property from creditors.

False

The authority given by the court to the personal representative to administer the testate estate is called letters of administration.

False

The paralegal cannot be very useful during the initial interview with the client.

False

The terms "heirs" and "next of kin" are interchangeable; they mean the same.

False

There are no risks involved in writing one's own will.

False

There is no difference between guardian over a person and guardian over property.

False

When a decedent owns a safe-deposit box with someone else, the bank will let the co-owner have access to the box without court approval.

False

Wills are only legally acceptable if written by an attorney.

False

Women have always been allowed to draft their own will.

False

This person contributes property of some sort to create the trust.

settlor

For a will to be valid, the testator must have testamentary capacity, meaning they must be of a(n):

sound mind

The intentional or negligent destruction or alteration of evidence relevant to a legal proceeding is called

spoliation

If, as a witness, you sign the document, you have ____________ the will.

subscribe

A person who takes over because an original administrator cannot fulfill his duties is called a ________________ personal representative.

successor

Who usually has the right to possession of the decedent's body, along with the duty of burial?

surviving spouse

A divorce severs the rights of a previous spouse to collect under intestate succession.

True

A natural way to determine if someone is of "sound mind" is through conversation.

True

A person can have several residences, but only one domicile, at any given time.

True

A trust can be funded by an insurance plan.

True

A will consists of the wishes of the client, combined with state regulations.

True

An irrevocable gift is one that cannot be taken back.

True

Divorce terminates the right of a former spouse to inherit under the laws of intestate succession.

True

Giving Powers of Fiduciaries in a will keeps the executor from having to obtain court approval to do what is necessary for proper administration of the estate.

True

How intestate property passes is called the law of intestate succession.

True

If the family of the deceased cannot agree on the burial arrangements, the court will decide how to dispose of the body.

True

In a community property state, one spouse has the right to leave his/her property upon death to anyone they wish to, even if that person isn't their spouse.

True

Modern statutes generally treat adopted children as kindred of the adopting parents and as strangers to their former blood relatives.

True

One benefit of the probate process is that it provides a system for establishing title to inherited property.

True

One can put whatever terms one wants in a will.

True

One method of notifying creditors of an estate proceeding is through publication in a newspaper.

True

One of the advantage for parents in drafting a will is to designate a guardian over their children in the event both parents die.

True

Parol trusts dealing with personal property are enforceable.

True

States are permitted to have laws in place that will delay the carrying out of the advanced directive if the patient is pregnant.

True

States have provisions for informal proceedings when an estate is below a statutory amount.

True

States have statutes in place that allow for certain property of the estate to be exempt, and therefore are not collectible by creditors for paying debts of the decedent.

True

The authority given by the court to the personal representative to administer the testate estate is called letters testamentary.

True

The testimonium clause establishes the end of the will.

True

The trust "res" is the property of the estate.

True

There is a time limit within which a surviving spouse may renounce a deceased spouse's will and take another formula.

True

When a person makes an anatomical gift by will, that gift becomes effective upon the testators' death.

True

Slayer statutes keep "who" from inheriting from the deceased?

Person who killed the deceased

Probate proceeding in a testate case begun by someone other than the person named in the will as the personal representative is called:

Petition for administration of the will annexed

Probate proceedings are begun in testate cases when the executor named in the will files:

Petition for probate

John and Susan are married. They are involved in a car accident and both die but it is unclear who died first. Neither had a will. Who will inherit Susan's estate?

Susan's heirs will share in the inheritance

What is the legal problem with a child being born illegitimate?

The child may not be able to inherit from his/her father

Trust that is created by explicit terms; the intent to create a trust is evident. Trust created by words of request, desire or recommendation, rather than by direct command. Trust in which the property is bequeathed or devised in a will to a trustee for the benefit of a beneficiary. Trust that becomes effective during the settlor's lifetime. Trust that comes into existence by operation of law rather than by express terms of the settlor. Trust that cannot be revoked or amended by the settlor once it has been established. Trust developed by the residue of an estate. Trust in which the settlor retains the right to alter, amend or revoke the trust during his lifetime.

express precatory testamentary living implied irrevocable pour-over revocable

In many states, the certificate of appointment of a personal representative is called __________________________ in a testate estate.

letters testamentary

The legal principle that ranks estate assets in a certain order for the payment of debts is known as:

marshaling of assets

Will accounts owned jointly with someone else be probated?

no

Will an IRA account with a named beneficiary (other than the owner's estate) be probated?

no

The person who manages the trust.

trustee

Will personal property be probated?

yes

Will property left to someone in a will be probated?

yes

Will property owned solely by the decedent be probated?

yes