Exam 52: Decedents Estates and Trusts

When a testator provides for a bequest of his gold watch to his nephew,but the gold watch is not owned by the testator at the time of death:

The debts of a decedent are paid prior to distribution of any balance of the estate to those entitled to receive it.

Testamentary intent makes the provisions of the testator effective and binding during the testator's life.

A trust may be terminated by its own terms.

A trust is invalid if a beneficiary lacks capacity.

When specifically bequeathed property is sold or given away by the testator prior to death,the bequest is considered "redeemed."

Unless statutory requirements are met,a will is invalid and the testator:

The requirements to create a trust are uniform.

The judge,not the decedent,has the privilege of naming who is to administer the estate of a person who has died with a will.

Which of the following is not a duty of a trustee?

If the trustee breaches the trust,which of the following remedies might be available?

Under the Uniform Simultaneous Death Act,if survivorship cannot be established,the property of each person is disposed of as though each had survived the other.

A beneficiary of personal property by will may be called a devisee.

A will is very informal and may be created in any reasonable manner.

When distributees stand in different degrees of relationship:

A codicil:

In order for a trust to be created,who must be able to hold legal title?

A holographic will is an unwitnessed will that is written by the testator entirely by hand.

State intestacy statutes commonly provide for distribution in the following order:

To make a valid will,the testator must have testamentary capacity.