Deck 39: Family Law, Wills, and Trusts

Question 1

Stan and Stella had promised to marry each other and signed a written contract stating their intentions.They planned to marry a year from the date of signing the contract.After the signing,Stan proposed to Stella and presented her with an engagement ring.However,two months before the marriage,Stan called off the engagement.If the state in which they reside follows the fault rule for breaking engagements,which of the following would be true?

A) The ring will remain with Stella.
B) The ring will be returned to Stan.
C) The ring will be auctioned and the proceedings will be shared between the couple.
D) The ring will be owned by whoever marries first after the engagement.

Answer 1

A

Question 2

The ________ is a rule which states that if an engagement is broken off,the person who was given the engagement ring must return the ring,regardless of which party broke off the engagement.

A) fault rule
B) objective rule
C) pro se rule
D) abatement rule

Answer 2

B

Question 3

Sally,who has been married to Colton for five years,is seeking a divorce.Colton has a drinking problem,and he has been physically abusing Sally for the past two years.Upon receiving Sally's petition for divorce,Colton threatened Sally with dire consequences.At the court hearing,Sally and Colton decided to represent themselves,as they could not afford to hire a lawyer.Sally should typically seek a(n)________.

A) emancipation
B) annulment
C) at-fault divorce
D) no-fault divorce

Answer 3

C

Question 4

Which of the following is a common misconception of a common law marriage?

A) the parties have to voluntarily intend to be husband and wife in order to establish a common law marriage
B) only parties who have a marriage license can establish a common law marriage
C) living together is necessary to establish a common law marriage
D) cohabitation is sufficient in and of itself to establish a common law marriage

Question 5

Which of the following is true about a marriage license?

A) It emancipates the couples from their respective parents.
B) It is a mandatory requirement for recognizing common law marriages.
C) It can be recorded after the completion of a wedding ceremony.
D) It cannot be made public.

Question 6

In order for two people older than 18 years of age to be legally married,state law requires ________.

A) that the parties obtain a marriage license
B) some sort of marriage ceremony
C) the parties to be emancipated from their parents
D) the consent of the couple's parents

Question 7

Which of the following is a requirement for a common law marriage to be valid?

A) that a marriage license was obtained
B) that there was a legal marriage ceremony
C) that the parties live together
D) that the parties have a valid prenuptial agreement

Question 8

Property owned by a spouse prior to marriage,as well as inheritances and gifts received by a spouse during the marriage are referred to as ________.

A) separate property
B) marital property
C) community property
D) alimony

Question 9

Upon the termination of a marriage,the separate property owned by spouses is ________.

A) equally divided between the spouses
B) retained by the respective spouses who owned it
C) shared using a fair distribution method for marital assets
D) converted into a marital asset

Question 10

A minor's act of legally separating from his or her parents and providing for himself or herself is known as ________.

A) ademption
B) revocation
C) annulment
D) emancipation

Question 11

An order of the court that declares that a marriage did not exist is known as a(n)________.

A) divorce
B) arraignment
C) abatement
D) annulment

Question 12

Which of the following is true of a common law marriage?

A) Both parties enjoy relaxations in the eligibility criteria in terms of minimum age and emancipation when they marry.
B) All the rights and duties of a normal licensed marriage apply to a common law marriage.
C) A court decree of divorce is not required to end a common law marriage as there is no marriage license or ceremony.
D) The parties involved need not provide proof of cohabitation to create a common law marriage.

Question 13

Which of the following can lead to an annulment?

A) if one of the parties has breached the promise to marry
B) if one or both parties were intoxicated at the time of the marriage
C) if one of the parties has children from a prior marriage that was legally terminated
D) if both parties failed to sign a prenuptial agreement in advance of their marriage

Question 14

Which of the following statements is true of the fault rule of breaking engagements?

A) If the person who has accepted an engagement ring breaks off the engagement, the ring will be owned by the person who marries first.
B) If the person who has accepted an engagement ring breaks off the engagement, that person can retain the engagement ring.
C) If the person who gave the engagement ring breaks off the engagement, the other side can rightfully keep the engagement ring.
D) If the person who gave the engagement ring breaks off the engagement, the ring is sold at an auction and the proceeds are shared between both parties.

Question 15

What is a decree of divorce?

A) a petition filed by the spouse seeking divorce
B) a court order that terminates a marriage
C) a set of rules on how assets are to be divided after divorce
D) a court order placing limitations on a dangerous partner to go near the other partner

Question 16

A ________ is a written document signed by divorcing parties that evidences their agreement in the division of property,rights and duties,and other issues of their divorce.

A) settlement agreement
B) prenuptial agreement
C) decree of divorce
D) pro se divorce

Question 17

To obtain a no-fault divorce,a couple has to mandatorily prove ________.

A) adultery
B) abandonment
C) substance abuse
D) irreconcilable differences

Question 18

For a prenuptial agreement to be enforceable after the termination of a marriage,________.

A) each party must make full disclosure of his or her assets and liabilities
B) both the spouses must represent themselves without an attorney
C) the distribution of assets must be unconscionable
D) the agreement must be created prior to the marriage, and not during its course

Question 19

________ is an order of the court that terminates an existing marriage.

A) Divorce
B) Annulment
C) Ademption
D) Cohabitation

Question 20

In which of the following cases is separate property considered marital property?

A) if the separate property was owned by the spouse prior to the terminated marriage
B) if the separate property was an inheritance
C) if the owner transferred title to the separate property to a spouse's name
D) if the separate property was a gift received during marriage

Question 21

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

A) The testator's signature must be obtained in the presence of the sole beneficiary as the principal witness.
B) The will need not be signed by the testator if it was already attested by witnesses.
C) The use of nicknames and honorary titles to sign a will render it unenforceable and invalid.
D) The testator's signature must appear at the end of the will to prevent chances of any fraud.

Question 22

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.

A) nuncupative will
B) mutual will
C) joint will
D) living will

Question 23

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

A) holographic will
B) nuncupative will
C) living will
D) joint will

Question 24

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?

A) It would be made into a charitable fund by a court-appointed trustee.
B) It would escheat to the government.
C) It would be distributed to their respective relatives.
D) It would be sold by the government and its proceedings would then go to their relatives.

Question 25

What is a holographic will?

A) a will that is revoked on behalf of a testator by a legal attorney
B) a will that requires the beneficiary to be the witness of the will
C) a will that is entirely handwritten and signed by the testator
D) a will that is orally declared at a testator's deathbed

Question 26

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

A) attestation
B) abatement
C) escheating
D) ademption

Question 27

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

A) A will cannot be handwritten.
B) A will must be in writing.
C) The testator's signature must appear at the beginning of the will.
D) The witness to a will must reside in the same jurisdiction as the testator.

Question 28

What is a codicil?

A) a type of will that cannot be amended once created
B) a separate document that must be executed to amend a will
C) a will that has been attested by the beneficiary of the will
D) a duplicate of a will that is used in case the original is destroyed

Question 29

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

A) debt money
B) trust
C) estate
D) alimony

Question 30

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

A) Marriage Protection Act
B) Equal Protection Clause
C) Family Support Act
D) Defense of Marriage Act

Question 31

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

A) will
B) tort
C) audit
D) writ

Question 32

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

A) visitation rights custody
B) joint physical custody
C) arraignment
D) accommodation

Question 33

Who is a beneficiary of a will?

A) a person assigned in a will to create a trust
B) a person allowed to transfer the testator's legal title property to another person
C) a person designated in the will to receive the testator's property
D) a person nominated in a living will to make all health care decisions in accordance with the testator's wishes

Question 34

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

A) joint will
B) mutual will
C) reciprocal will
D) nuncupative will

Question 35

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.

A) ancestral home
B) new car
C) stocks and bonds
D) farmhouse

Question 36

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

A) custody
B) annulment
C) probate
D) trust

Question 37

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

A) free from a liability to pay back the debts incurred during the marriage
B) individually responsible for marital debts
C) personally liable for his or her premarital debts
D) liable for the debts incurred by the other spouse during his or her lifetime

Question 38

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.

A) child support
B) temporary alimony
C) rehabilitation alimony
D) permanent alimony

Question 39

The person who makes a will is called a ________.

A) settlor
B) beneficiary
C) testatrix
D) trustee

Question 40

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 ________.

A) rehabilitation alimony
B) lifetime alimony
C) life estate
D) intestacy allowance

Question 41

Horace Holmes died at the age of 85,leaving behind all his property to Joe Baines,his butler.The news of the new will that Horace executed three months before his death naming Joe as the sole beneficiary surprised everyone.In his prior will,he had bequeathed his estate to his two daughters and three grandchildren on a per capita basis.The court took up proceedings to determine the validity of his new will because Horace's rejection of his daughters and grandchildren in his will was uncharacteristic of him.The court most likely suspected this change in his will to be a case of ________.

A) constructive trust
B) undue hardship
C) undue influence
D) spendthrift trust

Question 42

________ is a principle that says if a testator leaves a specific devise of property to a beneficiary,but the property is no longer in the estate when the testator dies,the beneficiary receives nothing.

A) Ademption
B) Abatement
C) Bailment
D) Attestation

Question 43

The ________ is an act in the United States that provides that if people who would inherit property from each other die such that it cannot be determined who died first,each person's property is distributed as though he or she had survived.

A) Succession Act of 1995
B) Family Law Act of 1986
C) Uniform Determination of Death Act
D) Uniform Simultaneous Death Act

Question 44

The process of a deceased's property being collected,debts and taxes being paid,and the remainder of the estate being distributed is known as a(n)________.

A) probate
B) abatement
C) ademption
D) audit

Question 45

The state of having died without leaving a will is known as ________.

A) ademption
B) intestate
C) abatement
D) escheatment

Question 46

A gift of real estate by will is called a(n)________.

A) bequest
B) devise
C) abatement
D) general gift

Question 47

Which of the following is a benefit of a living trust?

A) It helps reduce estate taxes more than a will does.
B) It helps avoid probate on the property.
C) It is not subject to property division upon divorce.
D) It does not allow creditors to obtain liens against the property.

Question 48

Which of the following beneficiaries is considered a lineal descendant of the testator?

A) a parent
B) a child
C) a spouse
D) a sibling

Question 49

Which of the following is true of a living trust?

A) It comes in to effect after the death of the grantor.
B) It helps reduce the income tax for the grantor.
C) It can be revoked during the grantor's lifetime.
D) It is considered a public record subject to probate.

Question 50

A(n)________ is a legal arrangement established when one person transfers title to property to another person to be held and used for the benefit of a third person.

A) will
B) trust
C) escheatment
D) abatement

Question 51

Usually,the ________ is the income beneficiary,who receives income from a living trust during the trustor's lifetime.

A) witness
B) grantor
C) attorney
D) designated beneficiary

Question 52

Mr.Rolleck writes a will placing his estate in a trust upon his death.He names a local bank as trustee to administer the trust and invest its assets.The trust provides that when his grandson reaches the age of 23,the trust will terminate,and his grandson will be given legal title to the assets.Mr.Rolleck dies when the grandson is 12 years old.At the age of 23,the grandson inherits the title to the assets.What kind of trust did Mr.Rolleck create in this scenario?

A) an inter vivos trust
B) a testamentary trust
C) a constructive trust
D) a resulting trust

Question 53

When a person dies,a(n)________ is the person appointed to administer an estate during its settlement phase.

A) settlor
B) executor
C) testator
D) beneficiary

Question 54

The ________ doctrine says that if the property a testator leaves is insufficient to satisfy all the beneficiaries named in a will and there are both general and residuary bequests,the residuary bequest is paid last.

A) ademption
B) inter vivos
C) abatement
D) probatement

Question 55

Who receives the trust res upon the termination of a trust?

A) the heir
B) the trustor
C) the remainder beneficiary
D) the income beneficiary

Question 56

A gift of $30,000 to a named beneficiary is an example of a ________ gift.

A) special
B) general
C) legacy
D) residuary

Question 57

Mr.Rolleck places his estate in a trust while he is alive,and he names a local bank as the trustee to administer the trust and invest its assets.The trust designates his wife as the income beneficiary of his estate and stipulates that after his wife's death,their children James and Joyce will receive the trust.James and Joyce are ________ in this scenario.

A) collateral heirs
B) income beneficiaries
C) remainder beneficiaries
D) settlors

Question 58

A ________ is a specialized state court that supervises the administration and settlement of estates.

A) small claims court
B) federal court
C) tort court
D) probate court

Question 59

A ________ is a document that states which life-saving measures the signor does and does not want along with specifying that he or she wants such treatments withdrawn if doctors determine that there is no hope of a meaningful recovery.

A) living will
B) health care directive
C) health care proxy
D) living trust

Question 60

Which of the following does a health care directive outline?

A) Which life-saving measures the signor does and does not want.
B) What treatments are to be withdrawn if doctors determine there is no hope of a meaningful recovery.
C) Why the signor has decided to withdraw life-support systems.
D) Who is to make all health care decisions in accordance with the living will on behalf of the signor.

Question 61

Two persons who are eligible to marry,living together,and holding themselves out as husband and wife require a court decree of divorce to end the marriage in spite of not having a valid marriage license.

Question 62

One of the parties to a marriage must be at fault for a court to issue a decree that legally orders a marriage terminated.

Question 63

The modern rule and trend is to abandon the objective rule and adopt the fault rule.

Question 64

A will that is informal and handwritten can be legally enforced.

Question 65

Spousal support payments typically terminate once the former spouse remarries and becomes self-sufficient.

Question 66

Many states recognize the validity of a holographic will in spite of them not being witnessed.

Question 67

The grounds for an annulment need not be proved to the court to terminate a marriage.

Question 68

A testator's attorney could be a witness to attest the testator's will.

Question 69

Wills and trusts are means of transferring property.

Question 70

No state recognizes marriage between persons of the same sex.

Question 71

A will cannot be amended by merely striking out existing provisions on the will and adding new provisions on the will itself.

Question 72

Upon termination of a marriage,a spouse has no rights on the inheritances and gifts received during the marriage.

Question 73

A noncustodial parent is obligated to contribute to the financial support of his or her biological and adopted children.

Question 74

Alimony is awarded only to the female spouse.

Question 75

The awarding of custody to a custodial parent is not permanent.

Question 76

An engagement can be broken off prior to the wedding.

Question 77

"Irreconcilable differences" is grounds for an at-fault divorce.

Question 78

Litigations are not possible under the objective rule if a person refuses to return the engagement ring.

Question 79

In a pro se divorce,the parties must hire lawyers to represent them.

Question 80

A prenuptial agreement must be in writing to be enforced.