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Interactive Quiz for ALT-12e, Chapter 52
Chapter 52 – Wills and Trusts
- Intestacy laws are:
- laws that establish the requirements of a valid will.
- laws that protect insured parties from duress.
- laws that specify how property will be distributed if someone dies without a will.
- laws that govern the formation of Totten trusts.
Answers:
- Incorrect. Intestacy laws do not establish these requirements.
- Incorrect. Intestacy laws do not have to do with duress and insurance.
- Correct. If someone dies and does not leave a valid will, state laws will specify how the person’s property should be distributed. These laws are known as intestacy laws.
- Incorrect. The laws governing Totten trusts are not called intestacy laws.
- Frank dies intestate (without a valid will). He leaves an estate worth close to $2 million. Who will settle Frank’s affairs and oversee the distribution of his estate?
- His executor.
- The trustee.
- The county clerk.
- The administrator.
Answers:
- Incorrect. Because he has no will, Frank has no executor.
- Incorrect. Frank has no trust.
- Incorrect. The county clerk would not perform these functions.
- Correct. An administrator is someone appointed by a court to settle the affairs and distribute the estate of a person who dies intestate.
- In her will, Lourdes gives Marie her Steinway grand piano. This is known as:
- a devise.
- a general legacy.
- a specific bequest.
- an annulment.
Answers:
- Incorrect. A devise is a gift of real property by will.
- Incorrect. This is a specific, not a general, legacy.
- Correct. This is a gift of specifically identified personal property, so it is a specific bequest.
- Incorrect. This is not an annulment.
- In order to make a valid will, which of the following IS NOT necessary?
- The testator must have legal capacity.
- The testator must sign the will.
- The testator must acknowledge the provisions of the will on his or her deathbed.
- The testator must understand what he or she is doing when he or she makes the will.
Answers:
- Incorrect. This is a requirement for a valid will.
- Incorrect. This is a requirement for a valid will.
- Correct. The testator does not need to acknowledge the will’s provisions on his or her deathbed.
- Incorrect. This is one of the requirements of a valid will.
- A nuncupative will may be defined as:
- a will written under duress.
- a will that is written but not signed.
- an oral will made before witnesses.
- a will that includes later additions.
Answers:
- Incorrect. This does not describe a nuncupative will.
- Incorrect. This does not describe a nuncupative will.
- Correct. This describes a nuncupative will. These kinds of wills are not permitted in most states.
- Incorrect. This does not describe a nuncupative will.
- Arlen, in his will, leaves $5,000 to his friend Pete. Later, he and Pete have a falling out, so Arlen decides to change his will to give the $5,000 to his friend John instead. Arlen tells John of his intention, but before he has a chance to change his will, Arlen dies. Is Pete entitled to anything under Arlen’s will?
- No. Pete will get nothing because Arlen told John that he wanted to change the will and that John would get the $5,000.
- Yes. Pete will take the $5,000 because Arlen never changed his will.
- Yes. Pete will take the $5,000 but only if John agrees.
- Yes. Pete will take the $5,000 but only if the relevant intestacy statute permits such gifts.
Answers:
- Incorrect. Pete will get the money, because Arlen did not change his will.
- Correct. Pete will take the $5,000, because Arlen did not change his will.
- Incorrect. Pete will take the $5,000 regardless of whether John agrees.
- Incorrect. Pete takes the $5,000, because Arlen so provided in his will. No intestacy statute is relevant here, because normally intestacy laws govern the distribution of a deceased’s property only when the deceased left no will—and Arlen left a will.
- Bob states in his will that his assets should be divided in the following manner: “to my children Scott, Eric, and Jean equally OR, in the event that anyone of them predecease me, their one-third portion to their heirs, if they have any.” This kind of distribution is known as:
- a per capita distribution.
- a per stirpes distribution.
- a per annum distribution.
- an equitable distribution.
Answers:
- Incorrect. This is not a per capita distribution.
- Correct. This is a per stirpes distribution because the heirs of Bob’s children take the share of their parents, if their parents have died.
- Incorrect. This is not a per annum distribution.
- Incorrect. While the distribution may be fair, it is not known as an equitable distribution.
- An inter vivos trust is:
- created by a beneficiary for a trustee.
- created through the provisions of a will.
- executed by a grantor during his or her lifetime.
- always irrevocable.
Answers:
- Incorrect. Trusts are never created by beneficiaries for trustees.
- Incorrect. This describes a testamentary trust.
- Correct. This is a living, or an inter vivos, trust.
- Incorrect. These trusts may be revocable.
- Which of the following IS NOT a legal duty of a trustee?
- To furnish complete and accurate information to beneficiaries.
- To provide sound investment advice to beneficiaries.
- To keep clear and accurate accounts of the trust’s administration.
- To act with honesty, good faith, and prudence while administering the trust.
Answers:
- Incorrect. This is a duty of trustees.
- Correct. This is not one of the legal duties of a trustee.
- Incorrect. This is a duty of trustees.
- Incorrect. This is also a duty of trustees.
- Assume that before he became ill, Roland had an attorney draft a document stating that in the event of a future accident resulting in a situation where Roland would continue to live only through the use of life-support equipment, Roland preferred not to be connected to such equipment. What is this kind of document called?
- A living trust.
- Medicare.
- A Medicaid codicil.
- A living will.
Answers:
- Incorrect. This is not a living trust, which transfers assets to beneficiaries.
- Incorrect. This is not Medicare.
- Incorrect. This is not a Medicaid codicil.
- Correct. This is a living will, which allows a person to control what medical treatment he or she will accept in the event of a serious accident or illness.