Deck 7: Family Protection, Lapses, and Ademption

Question 1

A person who is divorced from a decedent is entitled to a certain share of the decedent's estate.

Answer 1

False

Question 2

Dower was available under English law only if issue of the marriage were born alive.

Answer 2

False

Question 3

A typical anti-lapse statute provides that if a gift is made to a relative of the testator who dies before the testator and leaves issue surviving the testator, the issue will receive the gift.

Answer 3

True

Question 4

The period of time covered by the family allowance coincides with the period that estate assets are frozen for the protection of creditors.

Question 5

If a pretermitted child can prove that the omission was unintentional, the omitted child may be able to inherit an intestate share of the parent's estate.

Question 6

There is a time limit, ranging from one to two years, within which a surviving spouse may renounce a deceased spouse's will.

Question 7

An important protection for families who own their own residences is the

A) head-of-household exemption.
B) exempt-property exclusion.
C) forced-share provision.
D) homestead exemption.

Question 8

Under the laws of some states, certain property of a decedent passes to the surviving spouse or children, is not subject to the claims of creditors, and is called

A) exempt property.
B) the spouse's elective share.
C) dower.
D) curtesy.

Question 9

In states that have adopted the UPC, the subsequent marriage of a testator revokes a will.

Question 10

The homestead exemption is designed to place the family residence within the reach of creditors.

Question 11

A spouse who is living in adultery at the time of a spouse's death is prevented, in some states, from taking any part of the spouse's estate.

Question 12

Parents may not disinherit their children.

Question 13

The holders of the estate of a woman who dies shortly after her husband may choose to take against the husband's will if it is in the estate's best interest.

Question 14

The rights of creditors have preference over dower and curtesy rights.

Question 15

An elective share is often referred to as a forced share.

Question 16

To provide for the immediate support of the family when a breadwinner dies, probate courts have authority to grant

A) a family allowance.
B) a widow's allowance.
C) both a family allowance and a widow's allowance.
D) None of the answers is correct.

Question 17

Creditors cannot bring claims against the estate with no regard to the needs of survivors.

Question 18

The amount of the immediate support to survivors is discretionary with the court depending on

A) the size of the estate.
B) the debts of the estate.
C) the needs of the surviving spouse and children.
D) All of the answers are correct.

Question 19

Ademption is also known as satisfaction.

Question 20

Under English law, the right of a widow to a one-third life estate in all real property owned by the husband during the marriage was called

A) a spouse's elective share.
B) curtesy.
C) dower.
D) exempt property.

Question 21

The period of time covered by the family allowance coincides with the period during which estate assets are frozen for the protection of creditors, which is usually not more than how long?

A) 90 days
B) 1 year
C) 3 years
D) 60 days

Question 22

When a legatee or devisee dies before the testator, a gift to that person in the testator's will is

A) a lapsed legacy or devise.
B) adeemed by extinction.
C) adeemed by satisfaction.
D) exempt property.

Question 23

Instead of inheriting under the terms of the will, surviving spouses may waive the will and take their

A) exempt property.
B) elective share.
C) right of dower.
D) right of curtesy.

Question 24

A child who is omitted from a parent's will is called a(n)

A) lapsed issue.
B) pretermitted child.
C) adeemed child.
D) extinct heir.

Question 25

When a gift is given by a testator while alive to a legatee or devisee with the intent that the gift is made in lieu of the legacy or devise, it is

A) a lapsed legacy or devise.
B) adeemed by extinction.
C) adeemed by satisfaction.
D) exempt property.

Question 26

The share a surviving spouse may choose to take in the estate of a deceased spouse is known as the

A) dower.
B) curtesy.
C) homestead exemption.
D) forced share.

Question 27

A buyer's financing of part of a purchase by giving a mortgage on the property to the seller as security for the loan is known as

A) an elective share.
B) a homestead exemption.
C) a purchase money mortgage.
D) exempt property.

Question 28

When an item of property adeems, the legatee or devisee of that property

A) receives a replacement property item.
B) receives nothing in its place.
C) receives money from the estate.
D) None of the answers is correct.

Question 29

If property that specifically is bequeathed or devised in a will is not owned by the testator at death, the gift is

A) a lapsed legacy or devise.
B) adeemed by extinction.
C) adeemed by satisfaction.
D) exempt property.

Question 30

Types of protection to surviving family members when an income provider or spouse dies include

A) a family allowance and/or homestead protection.
B) a spouse's elective share.
C) exemption from creditor's claims.
D) All of the answers are correct.