Question 1

MATCHING:
-A statement in a will that disposes of the remaining assets of the decedent's estate after all debts and gifts in the will are satisfied
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

A residuary clause in a will specifies how the remaining assets, or residue, of an estate should be distributed after all debts, taxes, expenses, and specific bequests have been paid out. This ensures that any assets not explicitly mentioned elsewhere in the will are still distributed according to the decedent's wishes.

Question 2

MATCHING:
-A statement by the witnesses in a will that they have attested and subscribed the testator's signature
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

The attestation clause in a will is the statement by witnesses that they have observed the testator signing the will, thereby attesting to the validity of the testator's signature and the will itself.

Question 3

A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death.

Accepted Answer

A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death.

Question 4

The testimonium clause generally introduces new information.

Accepted Answer

The testimonium clause typically confirms or attests to the information or actions previously described in a document, rather than introducing new information.

Question 5

Some states allow an option for self-proving a will.

Accepted Answer

Many states have laws that allow a will to be self-proved when the will-maker and witnesses sign an affidavit in front of a notary public, which helps streamline the probate process by presuming the will's authenticity.

Question 6

A decedent's wish to donate his/her body to science will be denied if the nearest relatives object.

Accepted Answer

The legality of honoring a decedent's wish to donate their body to science primarily depends on the laws of the specific jurisdiction. In many places, if the individual has legally documented their wish to donate their body to science (e.g., through a will or a donor registry), this wish is considered legally binding, and relatives cannot override it. However, practices can vary, and in some cases, family objections might lead to reconsideration out of respect for the family's feelings.

Question 7

MATCHING:
-A person who directs an agent to act for the principal's benefit subject to the principal's direction and control
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

The definition provided matches that of a "principal" in the context of agency law, where the principal is the person who authorizes an agent to act on their behalf under their direction and control.

Question 8

A surviving natural parent will usually be denied custody of a child if the decedent was the custodial parent and named another person to be appointed as guardian.

Accepted Answer

The wishes of the decedent, while considered, do not automatically override the rights of the surviving natural parent to custody. Courts typically prioritize the best interest of the child, which often favors the biological parent unless there are compelling reasons not to, such as unfitness or inability to care for the child.

Question 9

A safe deposit box in the name of the testator is the preferred choice for storage of the will.

Accepted Answer

Storing a will in a safe deposit box can sometimes create complications because after the testator's death, access to the safe deposit box can be restricted, making it difficult for the executor or family members to retrieve the will without a court order.

Question 10

MATCHING:
-The guardian and manager of property left to minor or incompetent children
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

A conservator is appointed by a court to manage the estate of a minor or an incompetent adult, ensuring their property and financial interests are protected.

Question 11

MATCHING:
-The authority of a person appointed by a patient to make decisions about his/her medical care when he/she becomes incapacitated and unable to make such decisions
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

The correct term for the authority given to a person to make medical decisions on behalf of another who is incapacitated is "medical power of attorney."

Question 12

The Patient Self-Determination Act requires health care providers who work with Medicaid and Medicare to provide each patient or authorized surrogate written information about the patient's right to be informed, upon admission by the health care facility, of policies that concern patients' rights.

Accepted Answer

The Patient Self-Determination Act mandates that health care providers receiving Medicare and Medicaid funds must inform patients or their authorized surrogates about their rights, including policies on patient rights, upon admission to the facility. This is to ensure patients are aware of their rights to make informed decisions about their medical care.

Question 13

The durable power of attorney for health care document gives the designated agent the right to obtain and disclose the principal's medical records.

Accepted Answer

A durable power of attorney for health care document allows the designated agent to make healthcare decisions on behalf of the principal, which includes the right to obtain and disclose the principal's medical records as necessary for medical treatment and decision-making.

Question 14

The United States Supreme Court has ruled that a constitutional right to die exists.

Accepted Answer

The answer of The United States Supreme Court has ruled...

Question 15

MATCHING:
-The beginning or introductory clause of a will
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

The exordium clause is the beginning or introductory clause of a will, where the testator identifies themselves and often states the intent to make the will.

Question 16

MATCHING:
-The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

A springing power of attorney becomes effective upon the occurrence of a specified condition or event, such as the principal's incapacity, making it the correct match for the definition provided.

Question 17

MATCHING:
-A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

A delay clause is a requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary.

Question 18

In most states, a prior will is automatically revoked when the testator writes, dates, and signs a new will.

Accepted Answer

In most states, the creation of a new will that is properly executed (written, dated, and signed) by the testator typically revokes any prior wills, assuming the new will is intended to replace the old one. This is a common legal principle to ensure that the most recent testamentary intentions of the testator are followed.

Question 19

MATCHING:
-A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another, usually the testator's spouse
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

The correct answer is E) simultaneous death clause. This clause is used in estate planning and wills to address the situation where the testator and another individual, often the spouse, die at the same time or under circumstances where it's impossible to determine who died first. It helps in determining how the property will be distributed in such cases.

Question 20

MATCHING:
-The authority of a person to act on behalf of the principal that ends when a specified event occurs
A)exordium clause
B)residuary clause
C)conservator
D)delay clause
E)simultaneous death clause
F)principal
G)attestation clause
H)medical power of attorney
I)nondurable power of attorney
J)springing power of attorney

Accepted Answer

Nondurable power of attorney is designed to give someone authority to act on your behalf for a limited time or under specific circumstances, and it ends when a specified event occurs, such as the principal becoming incapacitated.

Quiz 6: Final Draft and Execution of a Valid Will

MATCHING: -A statement in a will that disposes of the remaining assets of the decedent's estate after all debts and gifts in the will are satisfied

MATCHING: -A statement by the witnesses in a will that they have attested and subscribed the testator's signature

A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death.

The testimonium clause generally introduces new information.

Some states allow an option for self-proving a will.

A decedent's wish to donate his/her body to science will be denied if the nearest relatives object.

MATCHING: -A person who directs an agent to act for the principal's benefit subject to the principal's direction and control

A surviving natural parent will usually be denied custody of a child if the decedent was the custodial parent and named another person to be appointed as guardian.

A safe deposit box in the name of the testator is the preferred choice for storage of the will.

MATCHING: -The guardian and manager of property left to minor or incompetent children

MATCHING: -The authority of a person appointed by a patient to make decisions about his/her medical care when he/she becomes incapacitated and unable to make such decisions

The Patient Self-Determination Act requires health care providers who work with Medicaid and Medicare to provide each patient or authorized surrogate written information about the patient's right to be informed, upon admission by the health care facility, of policies that concern patients' rights.

The durable power of attorney for health care document gives the designated agent the right to obtain and disclose the principal's medical records.

The United States Supreme Court has ruled that a constitutional right to die exists.

MATCHING: -The beginning or introductory clause of a will

MATCHING: -The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event

MATCHING: -A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary

In most states, a prior will is automatically revoked when the testator writes, dates, and signs a new will.

MATCHING: -A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another, usually the testator's spouse

MATCHING: -The authority of a person to act on behalf of the principal that ends when a specified event occurs