Question 1

Leif executes a will in which he leaves everything to his spouse, Marta, and in which he appoints Nora to administer the estate. The will must be signed by

Accepted Answer

For a will to be legally valid, it generally must be signed by the person making the will (the testator), in this case, Leif. The signatures of the spouse, the executor, or a probate judge are not required for the execution of the will.

Question 2

Nadia does not execute a will before she dies. The distribution of her estate is regulated by

Accepted Answer

When someone dies without a will, their estate is distributed according to the state's intestacy statutes. These laws determine how the deceased's assets are divided among surviving relatives.

Question 3

In her will, Delia makes a gift of $10,000 to Esteban. This is

Accepted Answer

The answer of In her will, Delia makes a gift...

Question 4

Under intestacy laws, if Darlene has no heirs, then the property of her estate

Accepted Answer

When an individual dies intestate (without a will) and has no heirs, their property typically escheats, or reverts, to the state. This process ensures that the property is not left ownerless.

Question 5

Emmett has two children, Franklin and Genevieve, both of whom predecease Emmett. Franklin is survived by his daughter Hermione. Genevieve is survived by her sons Ishmael and Joshua. On Emmett's death, if the distribution of his estate is per stirpes , Hermione will receive

Accepted Answer

In a per stirpes distribution, each branch of the family inherits an equal share. Since Emmett had two children, Franklin and Genevieve, their branches would each receive half of the estate. Hermione, being Franklin's only surviving descendant, would inherit his entire half.

Question 6

Grover does not execute a will before he dies. His survivors include his spouse Helene and their two children, Irene and Johann. With respect to Grover's estate, under intestacy laws, Helene will probably receive

Accepted Answer

The answer of Grover does not execute a will before...

Question 7

Patty executes a will, leaving her estate to her spouse Quentin. They have a daughter Rita. Later, Patty and Quentin divorce. Patty does not execute a new will before she dies. With respect to Patty's estate, Quentin is entitled to

Accepted Answer

In many jurisdictions, divorce automatically revokes any provisions in a will that favor a former spouse unless the will explicitly states otherwise. Since Patty did not execute a new will after the divorce, Quentin would generally not be entitled to inherit under the old will, assuming the jurisdiction follows this rule.

Question 8

Leda executes a separate written instrument to revoke her prior will. This separate document is

Accepted Answer

A codicil is a separate written instrument that is used to revoke a prior will.

Question 9

Kit has two children, Lea and Merl, both of whom predecease Kit. Lea is survived by her son Nat. Merl is survived by her daughters Opal and Pearl. On Kit's death, if the distribution of the estate is per capita, Pearl will receive

Accepted Answer

In a per capita distribution, each living descendant at the same generational level receives an equal share. Since Nat, Opal, and Pearl are all at the same generational level (grandchildren of Kit), the estate is divided equally among them. Therefore, Pearl receives one-third of the estate.

Question 10

Carl dies without a will, survived by his granddaughter Doral and her brother Elton. The grandchildren are Carl's

Accepted Answer

Lineal heirs are direct descendants of a person, such as children or grandchildren. Since Doral and Elton are Carl's grandchildren, they are his lineal heirs.

Question 11

Jason does not execute a will before he dies. With respect his estate, the assets are distributed first to

Accepted Answer

When someone dies without a will, their assets are first used to pay off any debts they owe. This is a standard procedure in estate administration to ensure that creditors are paid before any distributions are made to heirs or beneficiaries.

Question 12

A will must comply with statutory formalities to ensure that the testator understood his or her actions at the making of the will. These formalities are intended to

Accepted Answer

The primary purpose of the statutory formalities required for a will is to prevent fraud by ensuring that the will accurately reflects the testator's intentions and was made without undue influence or coercion.

Question 13

Sally handwrites her will on a sheet of blank paper. This will is

Accepted Answer

A holographic will is a will that has been entirely handwritten and signed by the testator (the person making the will). Since Sally handwrote her will on a sheet of blank paper, it fits the definition of a holographic will.

Question 14

Diego executes a will that clearly states his brother Enrique is to receive none of Diego's estate, which is to be distributed entirely to Diego's friend Frieda. At the time of Diego's death, Frieda has died, leaving no heirs, and Diego's only surviving natural heir is Enrique. Most likely, the estate will be distributed to

Accepted Answer

The answer of Diego executes a will that clearly states...

Question 15

Molly is not married and has no children. She executes a will, disposing of her estate to her sister Nina. Later, Molly marries Owen. They have no children. Molly does not execute a new will before she dies. With respect to Molly's estate, Owen is entitled to

Accepted Answer

In many jurisdictions, marriage after the execution of a will can revoke the will, either entirely or partially, to the extent that it affects the spouse. Since Molly did not execute a new will after marrying Owen, he is typically entitled to a share of her estate as if she had died intestate (without a will), which often means the surviving spouse is entitled to the entire estate if there are no children.

Question 16

Finn does not execute a will before he dies, with no surviving spouse or child. His survivors include his grandson Gage and his niece Hailey. In most states, his estate would pass to

Accepted Answer

In most states, inheritance laws favor direct descendants over more distant relatives. Since Gage is Finn's grandson (a direct descendant), he would typically inherit the estate over Hailey, a niece (a more distant relative).

Question 17

In his will, Rowan makes a gift of a rare Shakespeare folio to his sister Tiffany. Tiffany dies before her brother, survived by her daughter Uma. On Rowan's death, the gift of the folio

Accepted Answer

The gift to Tiffany lapses because she predeceased the testator. The gift does not fail because there is a substitute gift to Uma. The gift does not escheat because it does not fail.

Question 18

Marie is asked to serve as a witness to Nicki's will. To qualify, Marie must be

Accepted Answer

The answer of Marie is asked to serve as a...

Question 19

Under a certain state's law, the legal age for executing a will is eighteen. In that state, Mocha writes a will when she is diagnosed with a life-threatening illness at age sixteen. Mocha dies at age twenty-one. Her will is

Accepted Answer

Mocha's will is invalid because she was under the legal age of eighteen when she executed it, despite her being of sound mind or her age at death. The law requires the individual to be at least eighteen at the time of executing the will.

Question 20

According to the terms of Kim's will, specific gifts are made, and taxes and other estate debts are paid. The assets of the estate that remain are most likely to be distributed through

Accepted Answer

A residuary clause in a will specifies how the remaining assets of an estate, after specific gifts, taxes, and debts have been paid, are to be distributed.

Quiz 48: Wills and Trusts