Deck 31: Wills, Trusts, and Advanced Directives

Question 1

A codicil is considered invalid if it does not refer to the existing will to which it applies.

Answer 1

True
Explanation: A codicil must be executed with the same formalities as a will. It must be signed by the testator and properly witnessed. In addition, it must refer to the existing will to which it applies.

Question 2

A living will typically authorizes an agent to make medical treatment decisions for another.

Answer 2

False
Explanation: The most common type of advance directive is the living will, which is a written expression of a person's wishes to be allowed to die a natural death and not kept alive by heroic or artificial methods.

Question 3

The Opening Case, Windsor v. United States, involved the constitutionality of the Defense of Marriage Act (DOMA).

Answer 3

True
Explanation: The case involved two women who were legally married in Canada, and moved to the United States. One, Thea, passed away and left her estate to Windsor, the surviving spouse. Windsor's request for a tax exemption as a surviving spouse under IRS regulations was disallowed under Section 3 of the DOMA, and Windsor paid the tax. Windsor then sued claiming Section 3 of the DOMA violated the equal protection clause.

Question 4

A devisee receives real property under a will.

Question 5

A surviving spouse is legally bound to accept the amount provided in the will even if he does not like the provisions of the deceased spouse's will.

Question 6

In the case of simultaneous death of a husband and wife, property owned jointly by both of the deceaseds is distributed equally between the heirs.

Question 7

All probate rules are determined by federal law.

Question 8

In most states, a child who can prove that she was mistakenly (rather than intentionally) left out of her parent's will receive the same share that she would have received had her parents died without a will.

Question 9

Parents are legally obligated to leave their property to their children.

Question 10

Jared is physically unable to sign his will. He may direct another person to sign for him.

Question 11

While examining allegations of "undue influence," the court treats kindliness and undue influence as one and the same.

Question 12

Nuncupative wills exclude giving of personal property.

Question 13

A will must be typewritten and must be under seal.

Question 14

The issue of soundness of mind is raised only when someone contests a will on that ground.

Question 15

Carolyn signs a handwritten will without witnesses. Such a will is called a holographic will.

Question 16

Joseph and Susan are business partners. If Susan dies, her death will impact their partnership.

Question 17

If Allan is a witness to his wife Cindy's will, Allan may not be able to inherit under Cindy's will unless there are other witnesses.

Question 18

A civil union is a quasi-marital bond entered between same sex partners.

Question 19

If the deceased dies without a will and is survived by no issue and no blood relatives, the surviving spouse is entitled to the entire estate.

Question 20

Stepchildren are given the same legal rights under estate law as natural children.

Question 21

Chandra is an invalid and, therefore, she cannot put her signature on her will. Her friend Nina signs the will for her. When Nina signs on behalf of Chandra, there is no one else in the house. Is the will valid?

A) Yes, since Chandra was present during the time the will was signed.
B) No, since she did not date it.
C) Yes, since she is presumed to be mentally competent.
D) No, since there were no witnesses present during the signing of the will.

Question 22

Trudy had been a constant companion of Gertrude. When Gertrude died, she left Trudy $10,000 in her will. On what basis might other heirs best attempt to challenge the $10,000 gift?

A) Undue influence
B) Unsound mind
C) Improper heir-ship
D) Improper execution

Question 23

While in combat, a soldier, in front of four witnesses, made an oral will in which he distributed personal property. Such a will was:

A) a nuncupative will, which is not valid in most states.
B) a nuncupative will, which is valid in all states.
C) a valid holographic will.
D) intestate.

Question 24

Pepe dies without a will leaving a brother, a cousin, and an uncle as his only surviving relatives. Who is the "next of kin"?

A) The uncle
B) The cousin
C) The brother
D) This must be determined by the state law where Pepe died.

Question 25

A nonprofit organization, Save the Tigers, wants to contest Anna's will, since she promised to leave property to them at the annual Charity Banquet. Save the Tigers has:

A) a right to submit evidence that Anna was of unsound mind.
B) a right to submit evidence that Anna was subjected to undue influence.
C) no right to contest the will.
D) no right to contest the will, but may challenge the ownership of the property in question.

Question 26

Mack, the father of two children, dies intestate. Under a typical statute, the rights of his wife would include entitlement to:

A) one-half of the estate.
B) the entire estate.
C) one-half of the remainder of the estate plus $200,000.
D) no part of the estate.

Question 27

Tom and Megan die in a plane crash. After their marriage, they had been jointly holding property. What happens to their property?

A) Tom's heirs inherit the whole property.
B) The state escheats the property.
C) Megan's heirs inherit the whole property.
D) The property is distributed equally between the heirs.

Question 28

In states that have not adopted the Uniform Probate Code, the person named in a will to carry out the terms in it is called a(n):

A) administrator or administratrix.
B) executor or executrix.
C) settler.
D) testator or testatrix.

Question 29

Darius wrote a will leaving his property in equal shares "to all my friends" which he dated and signed. Is the will valid?

A) Yes, most likely, since the document expresses Darius' intent.
B) Probably not, since the language of the will is ambiguous.
C) Yes, since he has dated and signed it.
D) No, since there is a numerical limit to the number of legal heirs.

Question 30

Frisco and his wife, Esperanza, were killed simultaneously in an auto accident. Frisco had life insurance naming Esperanza as the beneficiary. Frisco's will left all his property to a charity, and Esperanza's will left all of her property to her mother, Verdad. Who is entitled to the insurance proceeds under the Uniform Simultaneous Death Act?

A) Verdad
B) No one, since Esperanza is deceased.
C) This is determined by intestate succession.
D) The charity

Question 31

If Tano dies without a will, he dies:

A) testate.
B) intestate.
C) interstate.
D) testator.

Question 32

Morgan, a resident of New York, had an antique car collection garaged in New Jersey. The car titles were kept in a safety deposit box of a bank in Delaware. If Morgan dies intestate, the law of which state will determine the ownership of the cars?

A) New Jersey
B) New York
C) Delaware
D) New Jersey, New York, and Delaware

Question 33

Dai executes a will and provides copies to all her children. Later, she prepares a different will and destroys the first original will, but not the copies. Has the original will been canceled?

A) No, since the copies still exist.
B) Yes, even though copies exist, Dai destroyed the original.
C) No, since delivering the copies prevents Dai from later changing her will.
D) Yes, since the last will is always the one probated.

Question 34

Grandmother Smith is concerned about having an incapacitating illness that will prevent her from managing her finances. Grandmother Smith should execute a(n):

A) power of attorney.
B) advance directive.
C) agency proxy.
D) durable power of attorney.

Question 35

Carl has his lawyer prepare his will. Wanting to make a few minor changes, Carl places some handwritten words in the margins, initials them, and scratches out words in the typed text. Carl's changes:

A) create a codicil.
B) create a new will.
C) amend the typed will.
D) are legally ineffective.

Question 36

A sprinkling trust has a built-in spendthrift provision.

Question 37

Ruby's husband Caleb dies with title to the family home in his name. Caleb's creditors want to force the sale of the home to satisfy the unpaid debts. May Ruby prevent this sale?

A) Not if the debts are legitimate.
B) Yes, based on the homestead exemption.
C) No, if the amount of debts exceeds the fair market value of the home.
D) Yes, with the forced share.

Question 38

Lucy's stepfather, Zed, passed away intestate when she was 19. Zed had never adopted Lucy, but they were much closer than most fathers and daughters. As a stepdaughter:

A) Lucy's legal rights of inheritance are the same as those of adopted children.
B) Lucy's legal rights of inheritance are the same as those of Zed's natural children.
C) Lucy has a limited right of inheritance, since she was not adopted.
D) Lucy has no right of inheritance, since she was not adopted.

Question 39

Mathew made his will, leaving his estate to his only son, Andrew. Two years later, he felt inclined to leave $100,000 toward a new old age home under construction in his locality. Mathew may make this bequest:

A) by executing a codicil.
B) by adding the bequest to the original will and initialing it.
C) by writing the bequest on a separate sheet and affixing it to the original.
D) by executing a durable power of attorney.

Question 40

When a trust is established, legal and beneficial titles remain with the trustee.

Question 41

John liked the language of his grandfather's will and made a copy of it, and handwrote in some changes to names and dates and signed this copy in the presence of witnesses. Discuss if John's will is valid.

Question 42

Santos created an irrevocable living trust for her stepdaughter. In her later years, she became angry with her stepdaughter and sought to rescind the trust. Will she be able to do so? Explain.

Question 43

In 1990, in the case known as ____________, the United States Supreme Court ruled that the right to die was guaranteed by the due process clause of the United States Constitution.

A) Cruzon v. Director, Missouri Department of Health
B) Roe v. Wade
C) Gonzalez, Attorney General v. Oregon
D) Windsor v. United States

Question 44

Brad and Sally, a married couple, died at the same time in a tornado in a state that has adopted the Uniform Simultaneous Death Act. Brad's will left his property to Sally and then to his children if she were to die before him. Sally's will left her property to Brad and then to charity. Discuss the distribution of their property.

Question 45

Forty year-old Kelsey, a homeowner with a wife and two children, made out his will the day he was institutionalized for alcohol abuse. When he drew up the will, Kelsey was experiencing severe withdrawal symptoms, including impaired memory, insomnia, and tremors. Describe how a court would evaluate whether Kelsey was of sound mind when he made out his will.

Question 46

Fritz is having his will prepared and also wants to prepare other advance directives. Discuss the typical advance directives and why they are prepared.

Question 47

Amos was divorced and dying in Mercy Hospital when he executed his will in the presence of his mother, daughter and two nurses, all of whom signed as witnesses. The will left all of Amos' property to his mother and daughter and left nothing to Amos' son. The son challenged the validity of Amos' will. Discuss the legal issues.

Question 48

Gracie was a single mother of ten children, three of whom were adopted, and two of whom were stepchildren. One day, Gracie was struck by a car and killed. She died intestate. Will all her children inherit from her? Explain.

Question 49

Teresa is concerned that her children will waste their inheritance and owe many creditors who will take any unspent inheritance. Discuss how Teresa may allow the children to inherit and yet prevent her fears from becoming reality.

Question 50

Charles creates a revocable living trust. What are the typical advantages of creating a revocable living trust?

A) Estate tax advantages
B) Management advantages
C) Both estate and income tax advantages
D) Management advantages as well as estate and income tax advantages

Question 51

A trust that is created by a will is called a(n):

A) conveyance in trust.
B) declaration of trust.
C) intervivos trust.
D) testamentary trust.

Question 52

Colleen disinherited her husband Glen and left her entire estate to her church. Glen desires to challenge this distribution. Discuss Glen's likely success.

Question 53

Whitney signs her will and then realizes that she needs witnesses. She finds two friends, tells them the signature is hers and the two friends sign the document. Discuss if this method is valid.