Deck 3: The Participants and the Proper Court

Question 1

If a personal representative is a man,he is referred to as an executrix.

Answer 1

False

Question 2

A personal representative is obligated to act in good faith solely for the benefit of another person.

Answer 2

True

Question 3

MATCHING

The dwelling in which one temporarily lives or resides

Answer 3

I

Question 4

MATCHING

A person designated by a judge to perform the functions of the court in informal proceedings

Question 5

Paralegals handle many of the time-consuming details of administering a decedent's estate.

Question 6

MATCHING

The authority of the court over the decedent's property

Question 7

MATCHING

The legal home where a person has a true,fixed,and permanent place of dwelling and to which the person intends to return when absent

Question 8

Residence determines venue.

Question 9

MATCHING

The procedure by which a document is presented to the court to confirm it is a valid will

Question 10

MATCHING

The formal document of authority and appointment given to a personal representative by the court to administer a decedent's estate according to the terms of a will

Question 11

An attorney or paralegal should never solicit or suggest that he or she be made personal representative if hired to draft a will.

Question 12

A decedent's will must be entered into probate only in his or her domiciliary state even if he or she owns property in other states.

Question 13

MATCHING

Expenses and debt payments

Question 14

MATCHING

The particular place,city or county,where a court has authority to hear and decide a case

Question 15

A personal representative has a duty to commence a civil lawsuit for claims on behalf of the estate when necessary.

Question 16

MATCHING

The authority by which a particular court is empowered by statute to decide a certain kind of case and to have its decision enforced

Question 17

A personal representative does not have to be appointed by the court if the will clearly states who the decedent wished to serve as the personal representative.

Question 18

A personal representative can act as the ancillary administrator in all states.

Question 19

MATCHING

A chronological list of all the important steps and dates in the stages of the administration of a decedent's estate

Question 20

A personal representative generally handles all the estate administration duties on his or her own.

Question 21

Which is a pre-probate duty of the personal representative?

A)Helping to find and review any existing will
B)Opening an estate checking account
C)Notifying the surviving spouse and/or minor children of their rights
D)Appraising all assets by value at the time of the decedent's death

Question 22

Ancillary administration in the foreign state generally includes all of the following procedures EXCEPT:

A)Transfer of the decedent's personal property to persons entitled to the property according to the foreign state's intestate succession statute
B)Payment of taxes imposed by the foreign state to that state
C)Acceptance by the foreign state court of the will admitted to probate in the decedent's domiciliary state
D)Issuance of letters of authority that permit the real property to be transferred to the designated devisee named in the will

Question 23

Jurisdiction is generally determined by the decedent's:

A)Domicile
B)Residence
C)Will
D)Venue

Question 24

Which is NOT an aspect of the personal representative's duties to protect,collect,and preserve assets?

A)Locating and notifying witnesses of the testator's death
B)Taking possession of all personal property not set aside for the spouse and/or minor children
C)Finding and reviewing all documents,records,and papers concerning the decedent's financial affairs
D)Determining whether the decedent gave any gifts that would require a gift tax return

Question 25

Which is the responsibility of a paralegal?

A)Assisting in the execution of the final draft of a will
B)Distributing the remaining assets to the beneficiaries named in the will
C)Ensuring that the personal representative properly administers the estate
D)Keeping records and acting on behalf of the court

Question 26

Which circumstance would NOT make the personal representative's job more difficult?

A)Creditors cannot be found.
B)Heirs cannot be found.
C)Someone contests the will.
D)Someone contests the representative's payment to creditors.

Question 27

Who is NOT involved in the preparation of wills and trusts and the administration of a decedent's estate?

A)Beneficiary
B)Personal representative of the estate
C)Paralegal
D)Probate court

Question 28

Which is NOT a probate task of the paralegal?

A)Helping to locate the will,if requested
B)Maintaining records of all collected assets
C)Filing legal documents
D)Handling communication with parties holding assets,creditors,beneficiaries,and heirs

Question 29

Which is a responsibility of the personal representative?

A)Publishing a notice to creditors to submit their claims by a specific date
B)Preparing a preliminary draft of the will
C)Administering oaths in court
D)Keeping records and acting on behalf of the court