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Jason does not execute a will before he dies. With respect his estate, the assets are distributed first to


A) pay his debts.
B) support his surviving spouse and children.
C) benefit his collateral heirs.
D) satisfy gifts to his lineal heirs.

E) A) and B)
F) C) and D)

Correct Answer

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Leif executes a will in which he leaves everything to his spouse, Marta, and in which he appoints Nora to administer the estate. The will must be signed by


A) Leif only.
B) Leif and Marta only.
C) Leif, Marta, and Nora.
D) a probate judge.

E) B) and C)
F) C) and D)

Correct Answer

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Sally handwrites her will on a sheet of blank paper. This will is


A) invalid.
B) holographic.
C) nuncupative.
D) residuary.

E) All of the above
F) C) and D)

Correct Answer

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An advance health directive that allows a person to control what medical treatment he or she may receive after a serious accident or illness is


A) a living will.
B) a durable power of attorney.
C) a health-care power of attorney.
D) a constructive trust.

E) None of the above
F) B) and C)

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A

A will must comply with statutory formalities to ensure that the testator understood his or her actions at the making of the will. These formalities are intended to


A) raise revenue.
B) support probate courts, attorneys, and other professionals.
C) prevent fraud.
D) all of the choices.

E) A) and C)
F) C) and D)

Correct Answer

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Health-care powers of attorney have grown in importance as medical technology has enabled physicians and hospitals to keep people alive for ever-increasing periods of time.

A) True
B) False

Correct Answer

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Carl dies without a will, survived by his granddaughter Doral and her brother Elton. The grandchildren are Carl's


A) collateral heirs.
B) decedents.
C) trustees.
D) lineal heirs.

E) B) and C)
F) B) and D)

Correct Answer

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Because a general bequest or devise does not single out any particular item of property to be transferred by will, a testator does not have to know the nature and extent of his or her property to create a valid will.

A) True
B) False

Correct Answer

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If a will does not provide how an estate will be distributed to grandchildren, under the per capita method of distribution, an heir takes the share that his or her deceased parent would have been entitled to inherit.

A) True
B) False

Correct Answer

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The costs of long-term improvements to the assets of a trust and the proceeds from a sale of the assets are allocated to the principal's beneficiary.

A) True
B) False

Correct Answer

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True

An owner can transfer property outside the probate process by making gifts of property while the owner is still living.

A) True
B) False

Correct Answer

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The laws governing how property is transferred on the death of its owner are a corollary to the concept of the private ownership of property.

A) True
B) False

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Diego executes a will that clearly states his brother Enrique is to receive none of Diego's estate, which is to be distributed entirely to Diego's friend Frieda. At the time of Diego's death, Frieda has died, leaving no heirs, and Diego's only surviving natural heir is Enrique. Most likely, the estate will be distributed to


A) no one.
B) Frieda in abatement.
C) Enrique.
D) the state.

E) C) and D)
F) A) and D)

Correct Answer

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Nadia does not execute a will before she dies. The distribution of her estate is regulated by


A) the comprehension of the natural objects of her bounty.
B) the decisions of a trustee appointed by a probate court.
C) the state's intestacy statutes.
D) the terms of a different decedent's will disposing of a similar estate.

E) A) and B)
F) None of the above

Correct Answer

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If a will does not provide how an estate will be distributed to grandchildren, under the per stirpes method of distribution, all heirs in a certain class inherit equally.

A) True
B) False

Correct Answer

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A trust must be express because the essential elements of a trust include a writing.

A) True
B) False

Correct Answer

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A testator must be able to remember the persons who would naturally be heirs to the estate, as the testator is required to give the estate to the natural heirs.

A) True
B) False

Correct Answer

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The formalities of a will are intended to ensure that the testator understood his or her actions at the time a will was made and to help prevent fraud.

A) True
B) False

Correct Answer

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Kit has two children, Lea and Merl, both of whom predecease Kit. Lea is survived by her son Nat. Merl is survived by her daughters Opal and Pearl. On Kit's death, if the distribution of the estate is per capita, Pearl will receive


A) everything.
B) nothing.
C) one-half.
D) one-third.

E) None of the above
F) A) and D)

Correct Answer

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Rollo opens an account for $250,000 at Savers Bank. The account provides that the funds are held in trust for Thea, Rollo's daughter. This is


A) a constructive trust.
B) a living trust.
C) a resulting trust.
D) a testamentary trust.

E) A) and B)
F) A) and C)

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B

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