Deck 1: Where There Is a Will

Question 1

Wills are ambulatory, which means they

A) can be made by a person of any age.
B) cannot be changed once they are signed.
C) can be changed at any time before death.
D) are fragile documents.

Answer 1

C

Question 2

The number of people required to witness a will is

A) the same in all states.
B) two in all states.
C) three in all states.
D) not the same in all states.

Answer 2

D

Question 3

When someone dies without a will, his property passes

A) to the state.
B) according to a specific scheme adopted by the state legislature.
C) according to a uniform law that is the same in every state.
D) to his surviving spouse.

Answer 3

B

Question 4

The legal name for the process of an heir's becoming beneficially entitled to the property of one who dies without a will is

A) intestate succession.
B) testamentary disposition.
C) ambulatory succession.
D) All of the answers are correct.

Question 5

In all states, witnesses must sign in each other's presence.

Question 6

A woman who makes a will is called

A) an executrix.
B) a testatrix.
C) an administratrix.
D) None of the answers is correct.

Question 7

Some states require wills to be signed at the end; others do not.

Question 8

If a minor child inherits real or personal property, the surviving spouse loses control of the portion of the property inherited by the young child.

Question 9

The laws of intestate succession always carry out the wishes of the decedent.

Question 10

Laypeople should be encouraged as often as possible to write their own wills.

Question 11

Law firms are not allowed to use cloud storage systems for clients' electronic files because third parties host the systems and have access to the files.

Question 12

Intestate succession generally is governed by state law.

Question 13

The right to leave property by will is an inherent right, not a privilege permitted by law.

Question 14

The law makes no distinction between the guardianship of a minor's person and the guardianship of a minor's property.

Question 15

When a gift is made in a will to a relative who dies before the person who made the will, the deceased relative's children may be able to take their parent's share of the estate.

Question 16

A child who is intentionally omitted from a parent's will may be able to inherit from the parent's estate.

Question 17

A testamentary trust is a trust within the body of a will.

Question 18

A trust is an arrangement by which one person holds legal title to money or property for the benefit of another.

Question 19

Without a will, a personal representative will not be chosen or appointed by the deceased.

Question 20

Estate planners consider a will to be a necessity even when a living trust is used as part of the estate plan.

Question 21

The transfer of personal property at death is governed by the law of what state?

A) State where decedent was domiciled at date of death.
B) State where decedent's real property was located at date of death.
C) State where decedent's personal property was located at date of death.
D) State where probate proceeding was filed.

Question 22

The right to leave property by will is

A) an inherent right.
B) a privilege permitted by law.
C) permitted only by petitioning the court.
D) None of the answers is correct.

Question 23

Public administrators are

A) next of kin.
B) persons for whom a guardian has been appointed.
C) officials appointed by the court to administer estates.
D) testators.

Question 24

The person who carries out the terms of a will is the

A) guardian.
B) trustee.
C) personal representative.
D) next of kin.

Question 25

When someone dies without a will, his real property passes according to the law of the state in which the

A) personal representative lives.
B) decedent died.
C) decedent was domiciled at death.
D) property is located.

Question 26

The person for whom a guardian has been appointed is

A) a ward.
B) a trustee.
C) a personal representative.
D) the next of kin.

Question 27

Next of kin are

A) surviving husbands or wives.
B) those most nearly related by blood.
C) the parents of the deceased.
D) brothers and sisters of the deceased.

Question 28

The person who is appointed to care for and manage the property of a minor is

A) a guardian.
B) a trustee.
C) a personal representative.
D) All of the answers are correct.

Question 29

An arrangement in which property is held by one person for the benefit of another is a

A) will.
B) guardianship.
C) trust.
D) testamentary disposition.

Question 30

A person who inherits under a will is known as

A) a trustee.
B) an heir.
C) a beneficiary.
D) a personal representative.