Deck 7: The Participants and the Proper Court

Question 1

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
Expenses and debt payments

Answer 1

G

Question 2

If a personal representative is a man, he is referred to as an executrix.

Answer 2

False

Question 3

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
A chronological list of all the important steps and dates in the stages of the administration of a decedent's estate

Answer 3

B

Question 4

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The authority by which a particular court is empowered by statute to decide a certain kind of case and to have its decision enforced

Question 5

A personal representative has a duty to commence a civil lawsuit for claims on behalf of the estate when necessary.

Question 6

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The legal home where a person has a true, fixed, and permanent place of dwelling and to which the person intends to return when absent

Question 7

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The particular place, city or county, where a court has authority to hear and decide a case

Question 8

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The formal document of authority and appointment given to a personal representative by the court to administer a decedent's estate according to the terms of a will

Question 9

An attorney or paralegal should never solicit or suggest that he/she be made personal representative if hired to draft a will.

Question 10

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The procedure by which a document is presented to the court to confirm it is a valid will

Question 11

Paralegals handle many of the time-consuming details of administering a decedent's estate.

Question 12

A personal representative can act as the ancillary administrator in all states.

Question 13

Residence determines venue.

Question 14

A personal representative is obligated to act in good faith solely for the benefit of another person.

Question 15

A personal representative generally handles all the estate administration duties on his/her own.

Question 16

A personal representative does not have to be appointed by the court if the will clearly states who the decedent wished to serve as the personal representative.

Question 17

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
A person designated by a judge to perform the functions of the court in informal proceedings

Question 18

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The dwelling in which one temporarily lives or resides

Question 19

A decedent's will must be entered into probate only in his/her domiciliary state even if he/she owns property in other states.

Question 20

MATCHING:
a.Letters Testamentary
b.tickler system
c.registrar
d.probate (of a will)
e.jurisdiction
f.in rem jurisdiction
g.disbursements
h.venue
i.residence
j.domicile
The authority of the court over the decedent's property

Question 21

Jurisdiction is generally determined by the decedent's:

A)Residence
B)Domicile
C)Will
D)Venue

Question 22

Which is NOT a probate task of the paralegal?

A)Filing legal documents
B)Maintaining records of all collected assets
C)Helping to locate the will, if requested
D)Handling communication with parties holding assets, creditors, beneficiaries, and heirs

Question 23

Ancillary administration in the foreign state generally includes all of the following procedures EXCEPT:

A)Transfer of the decedent's personal property to persons entitled to the property according to the foreign state's intestate succession statute
B)Payment of taxes imposed by the foreign state to that state
C)Acceptance by the foreign state court of the will admitted to probate in the decedent's domiciliary state
D)Issuance of letters of authority that permit the real property to be transferred to the designated devisee named in the will

Question 24

Which is the responsibility of a court clerk?

A)Authenticating and certifying copies of documents
B)Keeping records and acting on behalf of the court
C)Executing the final draft of a will
D)Collecting, protecting, preserving, and managing the probate estate of the decedent

Question 25

Which is the responsibility of a paralegal?

A)Distributing the remaining assets to the beneficiaries named in the will
B)Assisting in the execution of the final draft of a will
C)Ensuring that the personal representative properly administers the estate
D)Keeping records and acting on behalf of the court

Question 26

Which is a responsibility of the personal representative?

A)Administering oaths in court
B)Preparing a preliminary draft of the will
C)Publishing a notice to creditors to submit their claims by a specific date
D)Keeping records and acting on behalf of the court

Question 27

Which is a pre-probate duty of the personal representative?

A)Opening an estate checking account
B)Helping to find and review any existing will
C)Notifying the surviving spouse and/or minor children of their rights
D)Appraising all assets by value at the time of the decedent's death

Question 28

Who is NOT involved in the preparation of wills and trusts and the administration of a decedent's estate?

A)Probate court
B)Personal representative of the estate
C)Paralegal
D)Beneficiary

Question 29

Which is NOT an aspect of the personal representative's duties to protect, collect, and preserve assets?

A)Finding and reviewing all documents, records, and papers concerning the decedent's financial affairs
B)Taking possession of all personal property not set aside for the spouse and/or minor children
C)Locating and notifying witnesses of the testator's death
D)Determining whether the decedent gave any gifts that would require a gift tax return

Question 30

Which circumstance would NOT make the personal representative's job more difficult?

A)Creditors cannot be found.
B)Heirs cannot be found.
C)Someone contests the will.
D)Someone contests the representative's payment to creditors.