Question 1

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?

Accepted Answer

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

Question 2

Bolton lived with his dying grandmother until her final days. When her will is read, everything is left to Bolton, cutting out all the other grandchildren and children. What basis might the children and grandchildren challenge the will on?

Accepted Answer

A)   Undue influence
B)   Fraud
C)   Victimization
D)   Criminal intent
E)   The will was not attested by any witnessesF) C) and E)
G) A) and E)

Question 3

Which of the following would have an interest in a will?

Accepted Answer

A)   A potential beneficiary
B)   A court
C)   The state
D)   The government
E)   The IRSF) B) and D)
G) D) and E)

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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?

Accepted Answer

A)   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.
B)   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.
C)   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.
D)   That because the twins were conceived within 30 days of the decedent's death, they were considered legal heirs and entitled to succession rights.
E)   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.F) B) and E)
G) None of the above

Question 6

Distribution per stirpes means distributing an estate

Accepted Answer

A)   by class or representation
B)   by individual
C)   by will and not a trust
D)   by trust not by a will
E)   by state statutory languageF) A) and D)
G) A) and C)

Question 7

Wills are ambulatory which means

Accepted Answer

A)   That a court must approve them.
B)   That they are made on the deathbed of a patient.
C)   That once made, the will cannot be changed.
D)   That in order to be valid they must be on file in a courthouse.
E)   That testators can change their wills.F) C) and E)
G) None of the above

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

A)   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.
B)   The revision to the will was ineffective because it was not done by a lawyer.
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 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.F) A) and E)
G) C) and D)

Question 10

If an agent is in possession of a document that allow them to make health care decisions on behalf of a principal, this document is known as a(n)  ________.

Accepted Answer

A)   living will
B)   health care proxy
C)   principal/agent proxy
D)   medical agent proxy
E)   living health care proxyF) C) and D)
G) A) and C)

Exam 52: Wills and Trusts

Which of the following would have an interest in a will?

Correct Answer
verified

Wills are ambulatory which means

Correct Answer
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If an agent is in possession of a document that allow them to make health care decisions on behalf of a principal, this document is known as a(n) ________.

Correct Answer
verified

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?

Correct Answer
verified

Correct Answer
verified

Bolton lived with his dying grandmother until her final days. When her will is read, everything is left to Bolton, cutting out all the other grandchildren and children. What basis might the children and grandchildren challenge the will on?

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Distribution per stirpes means distributing an estate

Correct Answer
verified

Exam 52: Wills and Trusts

Which of the following would have an interest in a will?

Correct AnswerverifiedShow Answer

Wills are ambulatory which means

Correct AnswerverifiedShow Answer

If an agent is in possession of a document that allow them to make health care decisions on behalf of a principal, this document is known as a(n) ________.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Bolton lived with his dying grandmother until her final days. When her will is read, everything is left to Bolton, cutting out all the other grandchildren and children. What basis might the children and grandchildren challenge the will on?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Distribution per stirpes means distributing an estate

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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