Deck 3: The Law of Succession: Death Testate or Intestate

Question 1

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

Answer 1

True

Question 2

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
Replaced by the term devise under the UPC

Answer 2

D

Question 3

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

Answer 3

True

Question 4

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
The act of acquiring property from a decedent by will or by operation of law when the person dies intestate

Question 5

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

Question 6

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.

Question 7

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
A separate document that concerns the withholding or withdrawal of life support

Question 8

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
One that is handwritten

Question 9

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

Question 10

A revocable living trust set up by a person for the benefit of his/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 11

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

Question 12

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

Question 13

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

Question 14

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
Death with a valid will

Question 15

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
Related by marriage

Question 16

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
Related by blood through a common ancestor

Question 17

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

Question 18

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
A fill-in-the-blank will that is created and authorized by statute in a few states

Question 19

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
One that is made orally

Question 20

MATCHING:
a.succession
b.testacy
c.statutory will
d.legacy and bequest
e.escheat
f.nuncupative will
g.holographic will
h.living will
i.affinity
j.consanguinity
The passage of an intestate decedent's property to the state when there are no surviving blood relatives or a spouse

Question 21

Which form of will is NOT made in writing?

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

Question 22

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

Question 23

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 24

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 25

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 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
B)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.
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 26

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

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

Question 27

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

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

Question 28

Which of the following is an advantage of a will?

A)It eliminates complicated procedures
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 allows a person to leave property to someone who would not be entitled to inherit under intestate succession

Question 29

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 percent of the augmented estate?

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

Question 30

Which is NOT a basic type of will?

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