Deck 10: Probate Courts and Uniform Laws

Question 1

Every state has adopted the Uniform Probate Code (UPC).

Answer 1

False

Question 2

The Uniform Anatomical Gift Act (UAGA) provides no way to make a testamentary donation of vital organs for medical research or transplant.

Answer 2

False

Question 3

The court that has jurisdiction to administer an estate is sometimes referred to as

A) the probate court.
B) the surrogate court.
C) the court of chancery.
D) All of the answers are correct.

Answer 3

D

Question 4

Under the 1987 version of the UAGA, no witnesses are required on the document used to make an anatomical gift.

Question 5

Federal courts have jurisdiction to probate wills in some states.

Question 6

Uniform laws are sometimes called

A) identical laws.
B) conforming statutes.
C) model acts.
D) similar laws.

Question 7

People can make gifts of money and securities to their children with the aim of shifting unearned income to lower-bracket taxpayers.

Question 8

The sale or purchase of organs and tissues is allowed under the 1987 version of the UAGA.

Question 9

Many states have a separate probate court.

Question 10

Under the UTMA, the person who is entrusted with the minor's property is known as a guardian.

Question 11

Federal courts can appoint and control executors, administrators, and guardians.

Question 12

When property is transferred by will or intestacy, no deed is used.

Question 13

The register of probate is

A) elected to office.
B) appointed to office.
C) either elected or appointed to office.
D) neither elected nor appointed to office.

Question 14

A donor may revoke the offer of an anatomical gift without advising any specified donee.

Question 15

Proceedings to probate a will or administer an estate are

A) in personam proceedings.
B) in rem proceedings.
C) both in personam proceedings and in rem proceedings.
D) None of the answers is correct.

Question 16

The UPC has been adopted by all 50 states.

Question 17

In 1990, major changes were made in Article II of the UPC because

A) fewer formalities exist today than in the past.
B) the use of living gifts, jointly owned property, and trusts increased.
C) the advent of a multiple-marriage society has gained acceptance.
D) All of the answers are correct.

Question 18

Under the Uniform Transfers to Minors Act (UTMA), a gift to a minor is revocable and can be taken back at any time.

Question 19

The Registry of Probate is housed in the same building as the Registry of Deeds in some states.

Question 20

Under the UTMA, any kind of property, real or personal, tangible or intangible, may be given to a minor.

Question 21

Under the 1987 UAGA, the donees of anatomical gifts are

A) hospitals.
B) attending physicians.
C) referring physicians.
D) None of the answers is correct.

Question 22

A gift made under the UTMA is

A) revocable.
B) transferable.
C) assignable.
D) irrevocable.

Question 23

Under the UTMA, the balance of the property must be given to the minor outright at the age of

A) 16.
B) 18.
C) 21.
D) 25.

Question 24

Which of the following statements regarding uniform laws is NOT true?

A) Uniform laws are sometimes called model acts.
B) States may adopt uniform laws or pass their own laws.
C) The UPC is a type of uniform law.
D) States are required to act upon recommendations by the National Conference of Commissioners on Uniform State Laws.

Question 25

Under the Uniform Simultaneous Death Act, when an insured and a beneficiary in a life insurance policy die simultaneously, the proceeds are payable

A) as if the beneficiary had survived the insured.
B) as if the insured had survived the beneficiary.
C) by distributing half to each.
D) None of the answers is correct.

Question 26

This type of probate proceeding occurs without court action, unless requested by an interested person.

A) Supervised administration.
B) Unsupervised administration.
C) Probate proceeding.
D) Registry of probate.

Question 27

Under the Uniform Simultaneous Death Act, when title to property depends on priority of death and two people die simultaneously, the property of each person shall be disposed of

A) by distributing half to each.
B) as if she had survived.
C) as if she had died first.
D) None of the answers is correct.

Question 28

In an unsupervised administration

A) the proceeding occurs with significant court action.
B) an interested person cannot petition the court to resolve a question such as the validity of the will.
C) the court may become involved to resolve a question.
D) the Registrar of Probate has no authority to process documents.

Question 29

The following is NOT a purpose of the UPC:

A) To simplify and clarify the law concerning the affairs of the decedent.
B) To promote a speedy and efficient system for liquidating the estate.
C) To create more formal rules for resolving decedents estates.
D) To make uniform the law among the various jurisdictions.

Question 30

Under the Uniform Simultaneous Death Act, when joint tenants die simultaneously, the property shall be disposed of

A) by distributing half to each.
B) as if the wife had survived.
C) as if the wife had died first.
D) None of the answers is correct.