Deck 17: Transferring Real Estate After Death: Wills, Estates, and Probate

Question 1

A decedent who has died intestate has died with a will.

Answer 1

False

Question 2

A bequest is a gift of personal property.

Answer 2

True

Question 3

A legacy is a gift of real property.

Answer 3

False

Question 4

The inheritance tax is paid by the recipient.

Question 5

Under the UPC, a personal representative is appointed only in testate estates.

Question 6

A codicil is a formally executed addition to a will.

Question 7

A codicil can serve to revoke all or portions of a will.

Question 8

The doctrine of revocation by operation of law is found in those statutes that revoke a will upon divorce of the testator.

Question 9

A will can be revoked by interlineation.

Question 10

A posthumous heir is one born after the death of the intestate.

Question 11

A posthumous heir is one born after the death of the intestate.

Question 12

Ademption applies when an heir predeceases the testator.

Question 13

Undue influence does not require proof of physical force.

Question 14

Testamentary capacity is presumed nonexistent if a guardian was appointed for the testator during the testator's lifetime.

Question 15

Most states continue to use the common law doctrine of advancements.

Question 16

A joint tenancy does not pass under intestate succession statutes.

Question 17

Death without a will means the decedent's estate automatically escheats.

Question 18

The Uniform Simultaneous Death Act prevents double probates in cases where the order of death is impossible to determine.

Question 19

Mutual wills are void.

Question 20

Living wills are wills made while the testator has capacity.

Question 21

Holographic wills are handwritten wills written by the testator.

Question 22

Property of a person dying intestate with no surviving spouse, but with descendants, goes first to the person's parents and then their children.

Question 23

A gift lapses when the donee predeceases the testator.

Question 24

Physical revocation requires some act of destruction of the original will.

Question 25

A testator who destroys a copy of his will but not the original will has still revoked the will.

Question 26

Per capita distribution requires distribution according to degree of relationship.

Question 27

A living will is not necessary to withdraw life support if the testator made his/her intent clear while living.

Question 28

The Uniform Parentage Act deals with the rights of posthumous heirs.

Question 29

A son's murder of his testator father disqualifies the children of the murderer/son from inheriting.

Question 30

States differ in how posthumous heirs inherit.

Question 31

A self-proved will is a will with witnesses and an acknowledgement.

Question 32

The requirements for creating a valid codicil are more relaxed than the requirements for a formal will.

Question 33

Divorce works as an operation of law to revoke provisions of a will that benefit the ex-spouse.

Question 34

Marriage revokes an existing will by operation of law.

Question 35

Laughing heir statutes award property to the state as opposed to heirs who may not have known the decedent.

Question 36

Afterborn heirs must be born within 8.9 months of the death of the decedent in order to inherit from their deceased relative.

Question 37

Convicts who inherit property from relatives are required to have it escheat to the state.

Question 38

The Uniform Rights of the Terminally Ill Act provides the requirements for a living will.

Question 39

The U.S. Supreme Court allows the provisions of the Uniform Rights of the Terminally Ill Act to be valid if adopted by the state.

Question 40

A pastor or priest has the right to petition the court to stop life support for a parishioner.

Question 41

If an individual does not have an advance directive on life support, then life support mechanisms cannot be stopped.

Question 42

The murderer of a decedent cannot inherit from that decedent.

Question 43

An estate that escheats is one that is distributed per capita to children and grandchildren.

Question 44

A self-proving will carries a presumption of validity.

Question 45

If a vegetative state patient does not have an advance directive, there is nothing the courts can do to stop treatment.

Question 46

A posthumous heir can never inherit from a decedent.

Question 47

A holographic will still requires the presence of an acknowledgement.

Question 48

In an intestate estate, property always escheats prior to reaching the maternal and paternal grandparents.

Question 49

Slayer statutes prevent murderers from inheriting from their relative victims.

Question 50

Social Security benefits do not accrue to posthumous invitro children.

Question 51

In community property states, the surviving spouse in an intestate estate will end up with all of the community property.

Question 52

Capacity and eccentricity are one and the same for purposes of establishing a lack of mental capacity.

Question 53

Physical destruction of a will is revocation of that will.

Question 54

Contracts to make mutual wills are void.

Question 55

Assisted Reproductive Technology (ART) is an issue in intestate distribution.

Question 56

Some states require proof of a decedent's intent to have posthumous heirs inherit before those heirs can inherit from the estate.

Question 57

Some states place a limit on the time for the birth of posthumous heirs for eligibility for inheritance.

Question 58

Which of the following would be appointed to act in an intestate probate?

A) Executor
B) Administrator
C) Probate judge
D) There is no probate when the decedent died intestate

Question 59

Which of the following will not serve to revoke a will?

A) Burning
B) Writing "void" across all pages
C) Marriage
D) Interlineation of portions of the will

Question 60

Which of the following are necessary to create a presumption of undue influence?

A) Confidential relationship
B) Power of attorney
C) Non-blood relative beneficiary under a will
D) Shared residence

Question 61

Life insurance proceeds:

A) Are distributed according to the provisions of the will.
B) Are distributed according to the laws of intestacy.
C) Must go through probate.
D) Are handled through contract provisions.

Question 62

Under the Uniform Probate Code, if a single man dies without children and without a will, to whom will his property go?

A)His parents
B)His brothers and sisters
C)His grandparents
D)The property escheats

Question 63

Which of the following will establish lack of capacity for execution of a will?

A) Eccentric behavior
B) Non-relative as a prime beneficiary
C) Judicial declaration of incompetency
D) Excluding family members as heirs

Question 64

A holographic will:

A) Is invalid in most states.
B) Is an oral will.
C) Is a will in the handwriting of the testator.
D) Must be notarized to be valid.

Question 65

A nuncupative will:

A) Is valid in most states.
B) Is an oral will.
C) Is a will entirely in the handwriting of the testator.
D) Can be used to self-prove a holographic will.

Question 66

Intestate succession:

A) Is the inheritance of property by heirs when no will is left by the deceased.
B) Is unconstitutional.
C) Is applied prior to creditors' payments.
D) Does not result in inheritance or estate taxes.

Question 67

The purpose of probate is:

A) To handle property distribution when there is no will.
B) To handle joint tenancy property.
C) To review life insurance distributions.
D) To supervise the collection and distribution of estate assets.

Question 68

Henry has passed away (intestate). He is survived by his wife, Henrietta, and three children. Henry had no previous marriages. He also has two grandchildren and he predeceased his mother. Under the UPC, who inherits Henry's property?

A) His wife
B) His wife and children
C) His wife and mother
D) His wife, mother, children and grandchildren in equal shares

Question 69

Under the UPC, illegitimate children:

A) Are treated as natural children of their mothers.
B) Are never entitled to inherit.
C) Only inherit if legitimized.
D) Can never inherit from their fathers.

Question 70

X has passed away leaving two living children, A and B, and one deceased child. His deceased child, C, had two children, D and E. X's will provides for per capita distribution. How should the estate be distributed?

A) A and B get 1/3 each and D and E get 1/6 each
B) A, B, D, and E get 1/4
C) A and B get 1/2
D) A and B get 1/2 and D and E get 1/2

Question 71

X has passed away leaving two living children, A and B, and one deceased child. His deceased child, C, had two children, D and E. Suppose X provided for per stirpes distribution. How would the estate be distributed?

A) A and B get 1/3 each and D and E get 1/6 each
B) A, B, D, and E get 1/4
C) A and B get 1/2
D) A and B get 1/2 and D and E get 1/2

Question 72

Which of the following cannot inherit property?

A) Aliens
B) Illegitimate children
C) Half?bloods
D) Those who murdered the decedent

Question 73

Which of the following is a non-probatable asset?

A) Life insurance proceeds
B) Legacies
C) Devises
D) Fee simple determinables

Question 74

Revocation of a will:

A) Can occur through interlineation.
B) Can occur partially through divorce.
C) Is not possible once there is a self-proving will.
D) Requires witnesses.

Question 75

Amanda Watkins is married to Ralph Watkins and resides in a community property state. Amanda's will leaves all of her property to her favorite charity and leaves nothing to Ralph. Upon Amanda's death, Ralph challenges the will.

A) Ralph will be successful since Amanda cannot give away his share of the community estate.
B) Ralph will be successful because of undue influence.
C) Ralph will be successful because of lack of capacity.
D) Ralph will not be successful if the will is self-proving.

Question 76

Which of the following is not required to establish an undue influence defense to a will?

A) Confidential relationship
B) Fiduciary relationship
C) No other beneficiaries in the will
D) A probate court hearing

Question 77

Anna Fritzwater has died leaving three children, Bob, Carol and Ted. Her fourth child, Alice, died three years earlier. Bob and Carol each have two children. Alice left three children. Anna's will provides that her heirs share her estate per capita. Under her will:

A) Bob, Carol and Ted each get a one-third interest.
B) Bob, Carol, Ted, their children and Alice's children each get a one-tenth interest.
C) The lines of Bob, Carol and Ted each get a one-fourth interest to share and Alice's children each get one-twelfth.
D) Bob, Carol and Ted each get a one-fourth interest and Anna's grandchildren, including Alice's children, split a one-fourth interest.

Question 78

Anna Fritzwater has died leaving three children, Bob, Carol and Ted. Her fourth child, Alice, died three years earlier. Bob and Carol each have two children. Alice left three children. Suppose Alice's will provided that her heirs were to receive her estate per stirpes.

A) Bob, Carol and Ted each get a one-third interest
B) Bob, Carol, Ted, their children and Alice's children each get a one-tenth interest
C) The lines of Bob, Carol and Ted each get a one-fourth interest to share and Alice's children each get one-twelfth
D) Bob, Carol and Ted each get a one-fourth interest and Anna's grandchildren, including Alice's children, split a one-fourth interest

Question 79

Which of the following revokes a will?

A)Telling a neighbor you have revoked it
B)Tearing up a copy
C)Writing a new will
D)Drafting notes for a new will

Question 80

The purpose of a living will is:

A) To serve as a substitute if the holographic will is invalid.
B) Address end-of-life issues.
C) Have mutually binding provisions for a husband and wife.
D) To explain disinheritance of certain heirs.