Deck 39: Family Law, Wills, and Trusts

Question 1

Cohabitation is not sufficient in and of itself to establish a common law marriage.

Answer 1

True

Question 2

In order for a common law marriage to be recognized,the parties need not live together.

Answer 2

False

Question 3

In order for a common law marriage to be recognized,the parties need not hold themselves out as husband and wife.

Answer 3

False

Question 4

Females can propose marriage.

Question 5

Under the subjective rule,if an engagement is broken off,the person who was given the ring must return the engagement ring,regardless of who broke off the engagement.

Question 6

A common law marriage is one in which the parties have obtained a valid marriage license.

Question 7

No state recognizes marriage between persons of the same sex.

Question 8

The length of time the parties live together is not sufficient alone to establish a common law marriage.

Question 9

Under the fault rule,if the prospective groom breaks off the engagement,the prospective bride gets to keep the engagement ring.

Question 10

In order for a common law marriage to be recognized,the parties must voluntarily intend to be husband and wife.

Question 11

A common law marriage is one in which the parties have participated in a legal marriage ceremony.

Question 12

All states provide that persons under a certain age,such as 14 or 15 years of age,cannot be married.

Question 13

Couples who immediately live together and intend a common law marriage have one,whereas couples who live together a long time but do not intend a common law marriage do not have one.

Question 14

A court decree of divorce need not be obtained to end a common law marriage.

Question 15

Civil unions usually provide gay partners with rights,benefits,and responsibilities similar to opposite-sex marriage.

Question 16

A couple wishing to marry must meet the legal requirements established by the federal government.

Question 17

Under the fault rule,if the prospective bride breaks off the engagement,she must return the engagement ring to the prospective groom.

Question 18

When a state recognizes a common law marriage and the necessary requirements are met to establish one,the couple has a legal and formal marriage.

Question 19

Under modern law,no state will permit younger persons to be married,even if they have the consent of their parents.

Question 20

Marriage licenses are usually obtained at the Secretary of State's office in the state where the marriage occurs.

Question 21

Parents have an obligation to provide food,shelter,clothing,medical care,and other necessities to their children until a child reaches age twenty-one (21).

Question 22

The decree of divorce will not be granted until all issues such as custody of children and division of property are settled.

Question 23

The Defense of Marriage Act forces states to recognize same-sex marriages performed in other states.

Question 24

With a no-fault divorce,a spouse wishing to obtain a divorce merely has to assert irreconcilable differences with his or her spouse.

Question 25

Adoption agencies are always required to provide information regarding an adoption to either the biological parent or to the adopted child upon formal request.

Question 26

A principal adoption occurs when a person adopts a child from a social service organization of a state.

Question 27

A man may not marry his sister,but in most states he may marry his half-sister.

Question 28

A dissolution is an order of the court declaring that a marriage did not exist.

Question 29

The Defense of Marriage Act bars same-sex couples from enjoying federal benefits (for example,Social Security benefits due the spouse of a married couple).

Question 30

A private arrangement in which an adoptive parent agrees to adopt the child of a biological parent,and pays an intermediate such as an attorney a fee to arrange the adoption,is considered a violation of public policy.

Question 31

A child becomes emancipated if he or she leaves his or her parents and voluntarily lives on his or her own.

Question 32

Most states require divorcing couples to pursue binding arbitration before allowing the cases may to proceed to trial.

Question 33

Child neglect occurs when a parent fails to provide a child with the necessities of life or other basic needs.

Question 34

A divorce proceeding is commenced by a spouse filing a decree for divorce with the proper state court.

Question 35

The court must approve any adoption before it is declared legal.

Question 36

Twenty-three (23)states currently recognize "no-fault" divorce.

Question 37

If a marriage is annulled,there can be no further obligation to pay spousal support.

Question 38

Foster care is usually a permanent arrangement.

Question 39

The nature of foster care is that the foster parents must agree with the state to care for a child,but must further agree that they will not adopt the child.

Question 40

A surrogate adoption occurs when there is a private arrangement between biological and adoptive parents of a child.

Question 41

When determining child custody,the court will consider the "best interests of the child" before considering the wishes or preferences of the child.

Question 42

In determining the fair distribution of marital property,the court may consider the occupation of each spouse.

Question 43

Approximately fifty (50)percent of divorce cases are settled between the parties prior to trial.

Question 44

An "equitable" division of property means that the property is divided between the parties as equally as possible.

Question 45

Alimony is usually awarded for a specific period of time.This is called retributive alimony.

Question 46

Sometimes,a husband and wife enter into an agreement during their marriage setting forth the distribution of property upon death or termination of marriage.This is called a post hoc ergo propter hoc agreement.

Question 47

In determining the fair distribution of marital property,the court may not consider which party is awarded custody of the children.

Question 48

A will without a valid codicil is generally ineffective.

Question 49

Many states require a certain waiting period from the date a divorce petition is filed to the date the court grants a divorce.A typical waiting period is eighteen (18)months.

Question 50

Generally,a will must be on approved legal paper to be valid.

Question 51

Separate property includes property owned by a spouse prior to the marriage,as well as inheritances and gifts received during the marriage.

Question 52

Marital property consists of property acquired during the course of the marriage using income earned by the spouses during the marriage,and separate property that has been converted to marital property.

Question 53

Most states permit pro se divorces.

Question 54

Witnesses must reside in the state that the will is to be probated.

Question 55

Barney and Betty are married.Betty's friend gives her ten lottery tickets as a birthday gift,and one of the tickets is a million-dollar winner.If she divorces Barney,he has the right to a portion of the million dollars if they reside in a community property state.

Question 56

In a pro hac vice divorce,the parties do not have to hire lawyers to represent them; instead,they may represent themselves.

Question 57

In determining the fair distribution of marital property,the court may not consider the length of the marriage.

Question 58

Once the court has awarded permanent alimony,the only reason it will terminate the alimony payment obligation is upon the death of either party.

Question 59

The existence of a later will automatically revokes all earlier wills by operation of law.

Question 60

If separate property is commingled with marital property during the course of the marriage,or if the owner of the separate property changes title to the separate property by placing the other spouse's name on title to the property,the separate property is then considered a marital asset.

Question 61

A "holographic" will is an oral will,usually made during the testator's final illness.

Question 62

The use of a living trust reduces the grantor's income tax.

Question 63

A joint will is a will where two people make dispositions of their property in a single will.

Question 64

A will may be found to be invalid if it was made as a result of undue influence on the testator.

Question 65

A gift of real estate by will is called a devise.

Question 66

If a person dies without a will and without relatives,the property is donated to a special charitable organization set up for that purpose.

Question 67

The trustee of a living trust may be the grantor.

Question 68

If the testator's estate is not large enough to pay all will devises and bequests,the doctrine of abatement applies.

Question 69

The United States Supreme Court has not ruled on the issue of whether the United States Constitution provides the right to refuse medical treatment.

Question 70

A videotaped will is preferred by the probate courts as a substitute for a written will.

Question 71

If a person dies without a will,property is distributed to his or her relatives pursuant to the state's testacy statute.

Question 72

The use of a living trust reduces estate taxes more than a will.

Question 73

The person who receives the assets of a trust upon its termination is known as the "income beneficiary."

Question 74

When a testator leaves her property to her descendants "per capita," all living descendants receive an equal share,regardless of their degree of relationship to the testator.

Question 75

"Ademption" means that if a specific bequest is not owned by the testator at the testator's death,then the named beneficiary receives nothing in connection with that bequest.

Question 76

A "constructive" trust is implied from the conduct of the parties.

Question 77

With a trust,all aspects of title to the trust property are transferred to the trustee.

Question 78

The primary purpose of using a living trust is to avoid probate associated with using a will.

Question 79

The "settlor" is the person who transfers property in order to form a trust.

Question 80

A person has no right to renounce an inheritance.