Question 1

If a person dies intestate, his property will be:

Accepted Answer

A) distributed according to the clear intention of the decedent if ascertainable. 
B) passed to his living children. 
C) kept by the state. 
D) Not necessarily any of these. 
A) distributed according to the clear intention of the decedent if ascertainable. 
B) passed to his living children. 
C) kept by the state. 
D) Not necessarily any of these.

Question 2

Testamentary capacity refers to:

Accepted Answer

A) the age of the testator. 
B) the same capacity as required to contract. 
C) the mental ability to create a will. 
D) the influence of others over the testator. 
A) the age of the testator. 
B) the same capacity as required to contract. 
C) the mental ability to create a will. 
D) the influence of others over the testator.

Question 3

Under the UPC, a person must be what age to make a valid will?

Accepted Answer

A) Sixteen 
B) Eighteen 
C) Twenty-one 
D) Age does not matter as long as the person is of sound mind and has the intent to make a will. 
A) Sixteen 
B) Eighteen 
C) Twenty-one 
D) Age does not matter as long as the person is of sound mind and has the intent to make a will.

Question 4

An express trust is:

Accepted Answer

A) established by law through the courts when the parties' conduct seems to warrant the creation of a trust. 
B) established by voluntary action. 
C) always a written document. 
D) All of these. 
A) established by law through the courts when the parties' conduct seems to warrant the creation of a trust. 
B) established by voluntary action. 
C) always a written document. 
D) All of these.

Question 5

In order to be valid, a will must generally include all but which one of the following?

Accepted Answer

A) Signature of the testator 
B) A written document 
C) Signatures of witnesses 
D) Signature of the executor 
A) Signature of the testator 
B) A written document 
C) Signatures of witnesses 
D) Signature of the executor

Question 6

The characteristics of a spendthrift trust include which of the following?

Accepted Answer

A) Spendthrift provisions are not valid in most states. 
B) Spendthrift trusts are created to preserve assets against trust creditors. 
C) A settlor may provide, in a spendthrift trust, that the beneficiaries cannot, by assignment or otherwise, impair their rights to receive principal or income. 
D) All of these. 
A) Spendthrift provisions are not valid in most states. 
B) Spendthrift trusts are created to preserve assets against trust creditors. 
C) A settlor may provide, in a spendthrift trust, that the beneficiaries cannot, by assignment or otherwise, impair their rights to receive principal or income. 
D) All of these.

Question 7

Rules for the distribution of property in a situation involving intestate succession:

Accepted Answer

A) vary widely from state to state. 
B) are uniform federal rules. 
C) will govern distribution of an intestate's estate only if such distribution conforms to the clear intention of the decedent. 
D) at common law and today, prevent intestate property from ascending lineally. 
A) vary widely from state to state. 
B) are uniform federal rules. 
C) will govern distribution of an intestate's estate only if such distribution conforms to the clear intention of the decedent. 
D) at common law and today, prevent intestate property from ascending lineally.

Question 8

Under most intestate succession laws, a stepchild will not inherit unless legally adopted.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is untrue regarding the revocation of a will?

Accepted Answer

A) There cannot be a partial revocation. 
B) An inadvertent destruction of a will acts as a revocation. 
C) The execution of a second will does not of itself constitute a revocation of an earlier will. 
D) Divorce does not ordinarily revoke a will. 
A) There cannot be a partial revocation. 
B) An inadvertent destruction of a will acts as a revocation. 
C) The execution of a second will does not of itself constitute a revocation of an earlier will. 
D) Divorce does not ordinarily revoke a will.

Question 10

Which of the following is true about a constructive trust?

Accepted Answer

A) It normally contains detailed instructions for the trustee to follow. 
B) The court to redress an injustice imposes it. 
C) It is revocable by the trustee. 
D) It carries out the intentions of the trustee. 
A) It normally contains detailed instructions for the trustee to follow. 
B) The court to redress an injustice imposes it. 
C) It is revocable by the trustee. 
D) It carries out the intentions of the trustee.

Question 11

A will is generally revoked by all but which of the following?

Accepted Answer

A) The testator's murder by a devisee 
B) Tearing it in half with the intent to revoke it 
C) Executing another will that is inconsistent with the first 
D) Inadvertent burning which destroys the document 
A) The testator's murder by a devisee 
B) Tearing it in half with the intent to revoke it 
C) Executing another will that is inconsistent with the first 
D) Inadvertent burning which destroys the document

Question 12

A second will automatically revokes an earlier will if it is wholly inconsistent.

Accepted Answer

A) True 
 B)False

Question 13

An amendment to a will is called a(n):

Accepted Answer

A) stipulated addition. 
B) statutory adjustment. 
C) codicil. 
D) attestation. 
A) stipulated addition. 
B) statutory adjustment. 
C) codicil. 
D) attestation.

Question 14

The duties of a trustee are:

Accepted Answer

A) to carry out the purposes of the trust. 
B) to act with prudence and care in the administration of the trust. 
C) to exercise a high degree of loyalty toward the beneficiary. 
D) All of these. 
A) to carry out the purposes of the trust. 
B) to act with prudence and care in the administration of the trust. 
C) to exercise a high degree of loyalty toward the beneficiary. 
D) All of these.

Question 15

An attorney receives a check from the defendant in settlement of a lawsuit brought by his client, the plaintiff.Even if the check is made out in the name of the attorney, it will belong to the client as a:

Accepted Answer

A) resulting trust. 
B) constructive trust. 
C) totten trust. 
D) spendthrift trust. 
A) resulting trust. 
B) constructive trust. 
C) totten trust. 
D) spendthrift trust.

Question 16

A totten trust is revocable by the creator.

Accepted Answer

A) True 
 B)False

Question 17

The administration of the assets of the deceased and the proving of the validity of the will are determined in:

Accepted Answer

A) probate proceedings. 
B) a domicile of intent. 
C) an equity proceeding. 
D) a testamentary hearing. 
A) probate proceedings. 
B) a domicile of intent. 
C) an equity proceeding. 
D) a testamentary hearing.

Question 18

The courts may not create implied trusts.

Accepted Answer

A) True 
 B)False

Question 19

A precatory expression:

Accepted Answer

A) cannot impose a trust because of indefiniteness. 
B) may be so definite as to impose a trust. 
C) does not depend upon the court's interpretation of the intent of the settlor. 
D) is ineffective because it does not use the required words to create a trust. 
A) cannot impose a trust because of indefiniteness. 
B) may be so definite as to impose a trust. 
C) does not depend upon the court's interpretation of the intent of the settlor. 
D) is ineffective because it does not use the required words to create a trust.

Exam 50: Trusts and Decedents Estates

If a person dies intestate, his property will be:

Testamentary capacity refers to:

Under the UPC, a person must be what age to make a valid will?

An express trust is:

In order to be valid, a will must generally include all but which one of the following?

The characteristics of a spendthrift trust include which of the following?

Rules for the distribution of property in a situation involving intestate succession:

Under most intestate succession laws, a stepchild will not inherit unless legally adopted.

Which of the following is untrue regarding the revocation of a will?

Which of the following is true about a constructive trust?

A will is generally revoked by all but which of the following?

A second will automatically revokes an earlier will if it is wholly inconsistent.

An amendment to a will is called a(n):

The duties of a trustee are:

An attorney receives a check from the defendant in settlement of a lawsuit brought by his client, the plaintiff.Even if the check is made out in the name of the attorney, it will belong to the client as a:

A totten trust is revocable by the creator.

The administration of the assets of the deceased and the proving of the validity of the will are determined in:

The courts may not create implied trusts.

A precatory expression:

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