Question 1

Which of the following statements is true of a testator's signature on a will?

Accepted Answer

The testator's signature must appear at the end of the will to prevent chances of any fraud. This is because if the signature appears elsewhere, there is a possibility of someone else altering the contents of the will after the testator's signature. Therefore, it is crucial that the testator's signature appears at the end of the will.

Question 2

A ________ is a will in which two or more testators execute separate wills that leave their property to each other on the condition that the survivor leave the remaining property on his or her death as agreed by the testators.

Accepted Answer

A mutual will is a will in which two or more testators execute separate wills that leave their property to each other on the condition that the survivor leaves the remaining property on his or her death as agreed by the testators.

Question 3

An oral will that is made before a witness during the testator's last illness is defined as a ________.

Accepted Answer

An oral will made before a witness during the testator's last illness is known as a nuncupative will. This type of will is generally only recognized as valid under very specific circumstances, such as when the testator is in imminent danger of death and is unable to make a written will.

Question 4

Bob and Clara were married for 22 years when they died in a car crash,without leaving behind a will.They had no surviving children,but they were close to many of their living relatives.According to the Uniform Simultaneous Death Act,how would the couple's properties be distributed following their death?

Accepted Answer

According to the Uniform Simultaneous Death Act, if both spouses die within a certain period of time without leaving a will, their community property and separate property will be distributed to their respective relatives. Since Bob and Clara had no surviving children, their properties would go to their closest living relatives.

Question 5

What is a holographic will?

Accepted Answer

A holographic will is a will that is entirely handwritten and signed by the testator. It does not require any witnesses, but it can be difficult to verify its authenticity after the testator's death. The other options either do not accurately describe a holographic will or are not related to the definition of a holographic will.

Question 6

The action of a will being witnessed by two or three objective and competent people is known as ________.

Accepted Answer

The action of a will being witnessed by two or three objective and competent people is known as attestation. This is a crucial step in ensuring that the will is legally valid and can be used to distribute assets according to the wishes of the deceased. Abatement refers to the reduction of assets available for distribution due to outstanding debts or claims, escheating is the transfer of property to the state when there are no legal heirs or beneficiaries, and ademption refers to assets that are no longer in existence or have been sold prior to the owner's death.

Question 7

According to the Statute of Wills,which of the following is a requirement for making a valid will?

Accepted Answer

The Statute of Wills requires that a will must be in writing in order to be valid. Handwritten wills, also known as holographic wills, are recognized in some states but not universally accepted. The testator's signature does not need to appear at the beginning of the will, but rather at the end. There is also no requirement that witnesses reside in the same jurisdiction as the testator, but they must meet specific requirements for witnessing the signing of the will.

Question 8

What is a codicil?

Accepted Answer

A codicil is a separate document that is executed to amend a will. It allows someone to make changes to their will without having to go through the entire process of creating a new will. Option A is incorrect because a codicil is used specifically to make changes to a will. Option C is incorrect because a beneficiary does not need to attest to the will in order for it to be valid. Option D is incorrect because a duplicate of a will is not considered a codicil.

Question 9

Payments made by one divorced spouse to the other divorced spouse are collectively referred to as ________.

Accepted Answer

Alimony refers to the payments made by one divorced spouse to the other spouse for their support and maintenance. This is different from child support, which refers to payments made for the support of any children from the marriage.

Question 10

The ________ is a federal statute that provides for the automatic wage withholding of child support payments from a noncustodial parent's income.

Accepted Answer

The Family Support Act is the federal statute that provides for automatic wage withholding of child support payments from a noncustodial parent's income. The Marriage Protection Act, Equal Protection Clause, and Defense of Marriage Act are not related to child support payment withholding.

Question 11

A(n)________ is a declaration of how a person wants his or her property to be distributed upon death.

Accepted Answer

A will is a legal document that outlines how a person wants their property and assets to be distributed after their death. It can also include instructions for guardianship of minor children, burial or cremation preferences, and other important decisions. A tort is a civil wrong that causes harm or injury to another person, an audit is a financial examination of records or accounts, and a writ is a formal written order issued by a court. None of these options are relevant to the distribution of property after death.

Question 12

A custody arrangement whereby the child of divorcing parents spends a certain amount of time being raised by each parent is known as ________.

Accepted Answer

Joint physical custody refers to a custody arrangement where the child spends a certain amount of time, often close to equal, being raised by both parents. This differs from visitation rights custody, where one parent has primary physical custody and the other parent has scheduled visitation time. Arraignment refers to a court proceeding where a defendant is formally charged and enters a plea, and accommodation refers to providing something that meets someone's needs or desires.

Question 13

Who is a beneficiary of a will?

Accepted Answer

A beneficiary of a will is a person designated in the will to receive the testator's property. They are the individuals who inherit assets from the deceased person according to the instructions in the will.

Question 14

A will that is executed by two or more testators is known as a ________.

Accepted Answer

The answer of A will that is executed by two...

Question 15

Jane and Will got married three years ago,after which Will moved into Jane's ancestral home.Over the three years of their marriage,Jane bought a new car for Will and a farmhouse in the suburbs from her own funds.The farmhouse was registered jointly in their names.Will invested heavily in stocks and bonds from their collective income and transferred his existing stocks and bonds in Jane's name.In the event of Jane and Will opting for a divorce,the ________ would be considered separate property for Jane.

Accepted Answer

The ancestral home is considered separate property for Jane because it was acquired before the marriage and is her inheritance.

Question 16

The legal term ________ is used to describe who has legal responsibility for raising a child.

Accepted Answer

Custody is the legal term used to describe who has legal responsibility for raising a child. This can refer to physical custody (where the child lives) as well as legal custody (who makes important decisions for the child). The other options, annulment, probate, and trust, do not relate to the legal responsibility of raising a child.

Question 17

After the termination of a marriage,each spouse is ________.

Accepted Answer

After the termination of a marriage, each spouse is personally liable for his or her premarital debts, meaning debts incurred before the marriage.

Question 18

Na Li is a South Asian immigrant in New Jersey who was divorced by her husband after 34 years of marriage.Na Li can proficiently converse only in her native language.She lacks any employable skills and has been restricted to her home throughout her marriage and childbearing years.She has two children who are employed in different cities.Na Li also suffers from a mild but prolonged depressive disorder called dysphoria.Na Li qualifies for ________ considering her situation.

Accepted Answer

Given Na Li's long-term marriage, lack of employable skills, language barrier, and health condition, she qualifies for permanent alimony. Permanent alimony is awarded to provide for the needs and necessities of a spouse who lacks the ability to be self-sufficient post-divorce, especially after a long marriage.

Question 19

The person who makes a will is called a ________.

Accepted Answer

The person who makes a will is called a testator if they are male or a testatrix if they are female. Settlor is a term used in trust law, beneficiary is someone who receives assets from a will or trust, and trustee is someone appointed to handle assets in a trust.

Question 20

Alimony that is ordered by the court to be paid by one divorcing spouse to the other divorcing spouse for a limited period of time is known as ________.

Accepted Answer

Rehabilitation alimony is ordered by the court to provide financial support to a spouse who needs assistance to become self-sufficient after divorce. This type of alimony is usually temporary and intended to help a spouse get back on their feet after the divorce. Lifetime alimony, on the other hand, is ordered for an indefinite period of time, and life estate and intestacy allowance are not related to alimony.

Quiz 39: Family Law, Wills, and Trusts