Exam 39: Family Law, Wills, and Trusts

A friend tells you that he or she would like to use a living trust rather than a will,because a living trust would avoid probate,tax obligations,and the claims of creditors.What is your response?

A videotaped will is preferred by the probate courts as a substitute for a written will.

If a person dies without a will,property is distributed to his or her relatives pursuant to the state's testacy statute.

In a pro hac vice divorce,the parties do not have to hire lawyers to represent them; instead,they may represent themselves.

How does the equitable distribution of property differ from community property distribution? Is the concept of community property fair?

What is the legal effect of a testator executing a second will,when the testator already has an earlier existing valid will?

Marital property consists of property acquired during the course of the marriage using income earned by the spouses during the marriage,and separate property that has been converted to marital property.

Barney and Betty are married.Betty's friend gives her ten lottery tickets as a birthday gift,and one of the tickets is a million-dollar winner.If she divorces Barney,he has the right to a portion of the million dollars if they reside in a community property state.

The Defense of Marriage Act forces states to recognize same-sex marriages performed in other states.

A will without a valid codicil is generally ineffective.

The decree of divorce will not be granted until all issues such as custody of children and division of property are settled.

Parents have an obligation to provide food,shelter,clothing,medical care,and other necessities to their children until a child reaches age twenty-one (21).

Sam has written a will with the following clause,"I leave $80,000 to Dave." This gift is:

Child neglect occurs when a parent fails to provide a child with the necessities of life or other basic needs.

The use of a living trust reduces the grantor's income tax.

The primary purpose of using a living trust is to avoid probate associated with using a will.

Under the fault rule,if the prospective bride breaks off the engagement,she must return the engagement ring to the prospective groom.

A child becomes emancipated if he or she leaves his or her parents and voluntarily lives on his or her own.

When assets are left to a beneficiary who has died before the testator,and that beneficiary's share is given to the descendants of that deceased beneficiary,what type of distribution is this?

A principal adoption occurs when a person adopts a child from a social service organization of a state.