Question 1

Why are the requirements for will validity so specific and detailed? Should they be specific and detailed,or more flexible?

Accepted Answer

A will becomes valid only upon the testator's death.Because a testator is not alive when a will is probated,there is a high risk that the purported will is invalid.The detailed requirements reduce,though they do not eliminate,such risks.

Question 2

A(n)________ adoption occurs when there is a private arrangement between biological and adoptive parents of a child.

Accepted Answer

A)  independent 
B)  dependent 
C)  principal 
D)  agency 
E)  welfare 
A)  independent 
B)  dependent 
C)  principal 
D)  agency 
E)  welfare A

Question 3

Which of the following is not true about living trusts?

Accepted Answer

A)  They do not reduce estate taxes any more than a will. 
B)  In order to fund the living trust, the grantor transfers title of property to the trust. 
C)  They are subject to property division upon divorcee. 
D)  The trust documents are a matter of public record. 
E)  They do not reduce the grantor's income taxes. 
A)  They do not reduce estate taxes any more than a will. 
B)  In order to fund the living trust, the grantor transfers title of property to the trust. 
C)  They are subject to property division upon divorcee. 
D)  The trust documents are a matter of public record. 
E)  They do not reduce the grantor's income taxes. D

Question 4

A divorce where the parties do not use lawyers but instead represent themselves is called a:

Accepted Answer

A)  pro-rata divorce. 
B)  pro bono divorce. 
C)  prohibita divorce. 
D)  pro tem divorce. 
E)  pro se divorce. 
A)  pro-rata divorce. 
B)  pro bono divorce. 
C)  prohibita divorce. 
D)  pro tem divorce. 
E)  pro se divorce.

Question 5

An "equitable" division of property means that the property is divided between the parties as equally as possible.

Accepted Answer

A) True 
 B)False

Question 6

The use of a living trust reduces estate taxes more than a will.

Accepted Answer

A) True 
 B)False

Question 7

When a testator leaves her property to her descendants "per capita," all living descendants receive an equal share,regardless of their degree of relationship to the testator.

Accepted Answer

A) True 
 B)False

Question 8

In 2004,Pam writes a will leaving her 2002 BMW to her oldest daughter,Ann.In 2005,she writes another will leaving the same 2002 BMW to her youngest son,Frank.In 2006,she trades the BMW in on a Porsche.Shortly thereafter,she writes a codicil that states in part,"This codicil is amending my will,in which I left my 2002 BMW to my daughter Ann.I am now changing that to read that I am leaving my 2006 Porsche to Ann." Assuming that both wills and the codicil meet all the required will formalities,who is entitled to the Porsche when Pam dies in 2011? Explain your reasoning.

Accepted Answer

The codicil and first will are read as o

Question 9

No state recognizes marriage between persons of the same sex.

Accepted Answer

A) True 
 B)False

Question 10

A common law marriage is one in which the parties have participated in a legal marriage ceremony.

Accepted Answer

A) True 
 B)False

Question 11

The "settlor" is the person who transfers property in order to form a trust.

Accepted Answer

A) True 
 B)False

Question 12

When a state recognizes a common law marriage and the necessary requirements are met to establish one,the couple has a legal and formal marriage.

Accepted Answer

A) True 
 B)False

Question 13

Under modern law,no state will permit younger persons to be married,even if they have the consent of their parents.

Accepted Answer

A) True 
 B)False

Question 14

Brittany and Justin want to get married.Brittany is a resident of California,Justin is a resident of Louisiana,and they want to get married in Nevada.They must meet the legal requirements for marriage in:

Accepted Answer

A)  California. 
B)  Louisiana. 
C)  Nevada. 
D)  California and Nevada. 
E)  Louisiana and Nevada. 
A)  California. 
B)  Louisiana. 
C)  Nevada. 
D)  California and Nevada. 
E)  Louisiana and Nevada.

Question 15

Approximately ________ percent of divorce cases are settled between the parties prior to trial.

Accepted Answer

A)  fifty (50) 
B)  sixty (60) 
C)  seventy (70) 
D)  eighty (80) 
E)  ninety (90) 
A)  fifty (50) 
B)  sixty (60) 
C)  seventy (70) 
D)  eighty (80) 
E)  ninety (90)

Question 16

Sandy has three living children.Her oldest child has three children,and her second has two.Her youngest child has no children.In addition,Sandy's fourth child died two years ago,leaving a husband and one young child.If Sandy's will leaves all of her property "to her lineal descendants," indicate the portions that each of her survivors would receive under both "per stirpes" and "per capita" distribution (assuming that Sandy dies before any of the above-mentioned individuals die.)

Accepted Answer

Under "per capita" distribution,there ar

Question 17

Under the subjective rule,if an engagement is broken off,the person who was given the ring must return the engagement ring,regardless of who broke off the engagement.

Accepted Answer

A) True 
 B)False

Question 18

What did the court decide in Medlock v.Mitchell,when explaining how to determine whether a will was executed under "undue influence?"

Accepted Answer

A)  The proof of the existence of a confidential relationship is enough for the court to determine that undue influence occurred. 
B)  Because the will was prepared using the services of an attorney, the likelihood of undue influence is non-existent. 
C)  The presence of the beneficiaries at the time that the will and trust amendments were executed is circumstantial evidence that there was undue influence. 
D)  Circumstantial evidence alone is not enough to presume undue influence. 
E)  If a person possesses another's power of attorney, there is no undue influence because of the rights conferred upon the holder. 
A)  The proof of the existence of a confidential relationship is enough for the court to determine that undue influence occurred. 
B)  Because the will was prepared using the services of an attorney, the likelihood of undue influence is non-existent. 
C)  The presence of the beneficiaries at the time that the will and trust amendments were executed is circumstantial evidence that there was undue influence. 
D)  Circumstantial evidence alone is not enough to presume undue influence. 
E)  If a person possesses another's power of attorney, there is no undue influence because of the rights conferred upon the holder.

Question 19

Betty has only one child,Michael.Upon her death,she is planning on leaving all her assets to him by creating a living trust.What is needed to ensure that the distribution of property goes to Michael?

Accepted Answer

A)  She should transfer title of property to the trust. 
B)  She should establish another "after death" trust to cover only property. 
C)  She should have both a will and a living trust. 
D)  She should have two wills: one covering income and one covering property. 
E)  She should transfer title of property to the trustee. 
A)  She should transfer title of property to the trust. 
B)  She should establish another "after death" trust to cover only property. 
C)  She should have both a will and a living trust. 
D)  She should have two wills: one covering income and one covering property. 
E)  She should transfer title of property to the trustee.

Question 20

When someone was left a specific item that is no longer owned by the testator at the testator's death,the beneficiary receives nothing under the doctrine of:

Accepted Answer

A)  ademption. 
B)  abatement. 
C)  intestacy. 
D)  per stirpes distribution. 
E)  renunciation. 
A)  ademption. 
B)  abatement. 
C)  intestacy. 
D)  per stirpes distribution. 
E)  renunciation.

Exam 39: Family Law, Wills, and Trusts

Why are the requirements for will validity so specific and detailed? Should they be specific and detailed,or more flexible?

A(n)________ adoption occurs when there is a private arrangement between biological and adoptive parents of a child.

Which of the following is not true about living trusts?

A divorce where the parties do not use lawyers but instead represent themselves is called a:

An "equitable" division of property means that the property is divided between the parties as equally as possible.

The use of a living trust reduces estate taxes more than a will.

When a testator leaves her property to her descendants "per capita," all living descendants receive an equal share,regardless of their degree of relationship to the testator.

No state recognizes marriage between persons of the same sex.

A common law marriage is one in which the parties have participated in a legal marriage ceremony.

The "settlor" is the person who transfers property in order to form a trust.

When a state recognizes a common law marriage and the necessary requirements are met to establish one,the couple has a legal and formal marriage.

Under modern law,no state will permit younger persons to be married,even if they have the consent of their parents.

Brittany and Justin want to get married.Brittany is a resident of California,Justin is a resident of Louisiana,and they want to get married in Nevada.They must meet the legal requirements for marriage in:

Approximately ________ percent of divorce cases are settled between the parties prior to trial.

Under the subjective rule,if an engagement is broken off,the person who was given the ring must return the engagement ring,regardless of who broke off the engagement.

What did the court decide in Medlock v.Mitchell,when explaining how to determine whether a will was executed under "undue influence?"

Betty has only one child,Michael.Upon her death,she is planning on leaving all her assets to him by creating a living trust.What is needed to ensure that the distribution of property goes to Michael?

When someone was left a specific item that is no longer owned by the testator at the testator's death,the beneficiary receives nothing under the doctrine of:

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