Deck 4: The Law of Succession: Death Testate or Intestate

Question 1

If a person dies intestate,his or her property passes automatically to the state.

Answer 1

False

Question 2

When a spouse dies intestate,the surviving spouse's rights to the decedent spouse's estate are determined by state statute and by which other family members survive the intestate.

Answer 2

True

Question 3

MATCHING

Death with a valid will

Answer 3

B

Question 4

MATCHING

The passage of an intestate decedent's property to the state when there are no surviving blood relatives or a spouse

Question 5

A revocable living trust set up by a person for the benefit of his or her children from a prior marriage may be revoked by the second spouse upon the death of the person who set up the trust.

Question 6

Only the living,natural,marital children of a man or woman have a right to his or her estate upon death.

Question 7

MATCHING

One that is handwritten

Question 8

Abatement can cause the gifts made in a will to be reduced or even eliminated.

Question 9

In some states,if a person marries after making a will,the marriage revokes the will.

Question 10

MATCHING

Replaced by the term devise under the UPC

Question 11

MATCHING

Related by blood through a common ancestor

Question 12

In some states,a homestead allowance may be granted in place of a homestead exemption.

Question 13

MATCHING

One that is made orally

Question 14

MATCHING

A separate document that concerns the withholding or withdrawal of life support

Question 15

MATCHING

The act of acquiring property from a decedent by will or by operation of law when the person dies intestate

Question 16

MATCHING

States that allow holographic wills generally require that the wills also be signed by witnesses.

Question 17

Common law computation is used to determine the degree of relationship between the decedent- intestate and a potential heir.

Question 18

A living will states where the decedent wishes his or her children to be raised.

Question 19

MATCHING

Related by marriage

Question 20

MATCHING

A fill-in-the-blank will that is created and authorized by statute in a few states

Question 21

When a person dies intestate and has no spouse or children,the estate then goes to:

A)Other lineal descendants
B)Lineal ascendants
C)Other next of kin
D)The state

Question 22

Which form of will is NOT made in writing?

A)Nuncupative will
B)Statutory will
C)Living will
D)Holographic will

Question 23

In orthodox terminology,which of the following refers to the recipient of personal property,other than money,according to a will?

A)Beneficiary
B)Devisee
C)Legatee
D)Heir

Question 24

Which of the following is an advantage of a will?

A)It allows a person to leave property to someone who would not be entitled to inherit under intestate succession.
B)The probate of a will is generally quick,easy,and inexpensive.
C)It retains privacy and confidentiality about the decedent's property and beneficiaries.
D)It eliminates complicated procedures.

Question 25

Which is NOT a basic type of will?

A)Living will
B)Holographic will
C)Statutory will
D)Joint will

Question 26

If a decedent left three children and five grandchildren,two of whom are the sons of a deceased daughter,and the per stirpes method of distribution is used,how much of the decedent's estate will the two children of the deceased daughter receive?

A)One-eighth
B)One-fifth
C)None
D)One-fourth

Question 27

Which is NOT a general rule of distribution under most states' intestate succession statutes?

A)If an intestate decedent is survived by a spouse and children,some of whom are not the children of the surviving spouse,the spouse receives a lump sum of money and/or a portion of the estate,and only the children born to both the decedent and the surviving spouse receive the other half of the estate.
B)If an intestate decedent is survived by a spouse and children who are all born to the surviving spouse and decedent,the spouse receives a lump sum of money and/or a portion of the estate,and the children receive the remainder of the estate equally.
C)If an intestate decedent has no surviving spouse or kindred relatives,the state receives the decedent's property.
D)If an intestate decedent has no surviving spouse or lineal descendants but is survived by a parent and other collateral relatives,the parent will receive the estate.

Question 28

How long would a decedent and spouse have to be married for the surviving spouse to be entitled to an elective-share percentage of 50% of the augmented estate?

A)15 years
B)5 years
C)10 years
D) 20 years

Question 29

Which is a gift of a fixed amount of money from the assets of a testator's estate?

A)General legacy
B)Residuary legacy
C)Specific devise
D) Specific legacy

Question 30

After execution of a will,the testator,by an intentional act of ademption,has the right to do all of the following EXCEPT:

A)Add a beneficiary
B)Revoke or cancel a testamentary gift
C)Deliver the gift to the beneficiary before the testator's death
D)Substitute a different gift for the original one