Question 1

A divorce operates as a revocation of any provisions in a will that give property to the former spouse.

Accepted Answer

A) True 
 B)False

Question 2

A trust can be created during a trustor's lifetime but become effective upon the trustor's death.

Accepted Answer

A) True 
 B)False

Question 3

A bequest of $5,000 in a will is a general gift.

Accepted Answer

A) True 
 B)False

Question 4

Mutual wills may be unilaterally revoked after one of the parties dies.

Accepted Answer

A) True 
 B)False

Question 5

Ralph and Alice live in a state that has adopted the Simultaneous Death Act.The couple has created wills leaving their property to each other.They have no children.They are both tragically killed in an airplane crash.What happens to their property?

Accepted Answer

A)  All property goes to the husband's family. 
B)  All property goes to the wife's family. 
C)  The wife's property goes to the husband's family; the husband's property goes to the wife's family. 
D)  The wife's property goes to her family; the husband's property goes to his family. 
A)  All property goes to the husband's family. 
B)  All property goes to the wife's family. 
C)  The wife's property goes to the husband's family; the husband's property goes to the wife's family. 
D)  The wife's property goes to her family; the husband's property goes to his family.

Question 6

One factor in determining whether a testator was subject to undue influence is if the testator made an unnatural distribution of property.

Accepted Answer

A) True 
 B)False

Question 7

One of the benefits to having a living trust is that it helps to reduce estate taxes.

Accepted Answer

A) True 
 B)False

Question 8

Is it better for the elderly to tell their children how they have left property in their will,or is it better to wait until after death for this information to be disclosed?

Accepted Answer

This depends on the individual family si

Question 9

It is not necessary to fund a living trust as it is self-supportive.

Accepted Answer

A) True 
 B)False

Question 10

A living trust is irrevocable.

Accepted Answer

A) True 
 B)False

Question 11

Under the doctrine of abatement,residuary gifts are abated first.

Accepted Answer

A) True 
 B)False

Question 12

The person who receives the trust corpus after the termination of the trust is the:

Accepted Answer

A)  legatee 
B)  remainder beneficiary 
C)  residual recipient 
D)  terminator 
E)  life beneficiary 
A)  legatee 
B)  remainder beneficiary 
C)  residual recipient 
D)  terminator 
E)  life beneficiary

Question 13

Intestate succession refers to the fact that the deceased person's property escheats to the state first and if the state does not want it,then it is distributed to the heirs of the deceased.

Accepted Answer

A) True 
 B)False

Question 14

A gift of real property made in a will is known as a:

Accepted Answer

A)  devise 
B)  legacy 
C)  corpus 
D)  bequest 
E)  Both A and D 
A)  devise 
B)  legacy 
C)  corpus 
D)  bequest 
E)  Both A and D

Question 15

When a residuary gift is given to all of the testator's descendants such that each is to receive an equal share regardless of what generation they are in,what type of distribution is this?

Accepted Answer

A)  per stirpes 
B)  contingent 
C)  per capita 
D)  intestate 
E)  per abatement 
A)  per stirpes 
B)  contingent 
C)  per capita 
D)  intestate 
E)  per abatement

Question 16

When someone has been 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 
A)  ademption 
B)  abatement 
C)  intestacy 
D)  per stirpes distribution

Question 17

A remainder beneficiary is one that receives the trust's corpus upon inception of the trust.

Accepted Answer

A) True 
 B)False

Question 18

An inter vivos trust is what kind of trust?

Accepted Answer

A)  Any trust where the settlor determined the terms of the trust while the settlor was living. 
B)  Any trust where beneficiaries receive benefits only while living. 
C)  Any trust that lasts beyond the death of the settlor. 
D)  Any trust in which all beneficiaries are already living when it is created. 
E)  Any trust that first takes effect while the settlor is living. 
A)  Any trust where the settlor determined the terms of the trust while the settlor was living. 
B)  Any trust where beneficiaries receive benefits only while living. 
C)  Any trust that lasts beyond the death of the settlor. 
D)  Any trust in which all beneficiaries are already living when it is created. 
E)  Any trust that first takes effect while the settlor is living.

Question 19

To what extent should courts enforce wills where the intent of the testator is to be vindictive or otherwise punish descendants and other relatives when there is no justifiable reason?

Accepted Answer

One view of a will is that it is simply

Question 20

In a spendthrift trust,the beneficiaries are limited in their access to trust corpus.

Accepted Answer

A) True 
 B)False

Exam 52: Wills, Trusts, and Elder Law

A divorce operates as a revocation of any provisions in a will that give property to the former spouse.

A trust can be created during a trustor's lifetime but become effective upon the trustor's death.

A bequest of $5,000 in a will is a general gift.

Mutual wills may be unilaterally revoked after one of the parties dies.

Ralph and Alice live in a state that has adopted the Simultaneous Death Act.The couple has created wills leaving their property to each other.They have no children.They are both tragically killed in an airplane crash.What happens to their property?

One factor in determining whether a testator was subject to undue influence is if the testator made an unnatural distribution of property.

One of the benefits to having a living trust is that it helps to reduce estate taxes.

Is it better for the elderly to tell their children how they have left property in their will,or is it better to wait until after death for this information to be disclosed?

It is not necessary to fund a living trust as it is self-supportive.

A living trust is irrevocable.

Under the doctrine of abatement,residuary gifts are abated first.

The person who receives the trust corpus after the termination of the trust is the:

Intestate succession refers to the fact that the deceased person's property escheats to the state first and if the state does not want it,then it is distributed to the heirs of the deceased.

A gift of real property made in a will is known as a:

When a residuary gift is given to all of the testator's descendants such that each is to receive an equal share regardless of what generation they are in,what type of distribution is this?

When someone has been 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:

A remainder beneficiary is one that receives the trust's corpus upon inception of the trust.

An inter vivos trust is what kind of trust?

To what extent should courts enforce wills where the intent of the testator is to be vindictive or otherwise punish descendants and other relatives when there is no justifiable reason?

In a spendthrift trust,the beneficiaries are limited in their access to trust corpus.

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