Question 1

When specifically bequeathed property is sold or given away by the testator prior to death,the bequest is considered redeemed.

Accepted Answer

When specifically bequeathed property is sold or given away by the testator prior to death, the bequest is considered adeemed, not redeemed. Ademption occurs when the specific property is no longer part of the estate at the testator's death.

Question 2

When a person dies with a will,usually the probate judge names who the administrator of the estate.

Accepted Answer

When a person dies with a will, an executor (not an administrator) is typically named within the will to handle the estate, not appointed by a probate judge.

Question 3

A holographic will is an unwitnessed will that is written by the testator entirely by hand.

Accepted Answer

A holographic will is an unwitnessed will that is entirely written by hand by the testator.

Question 4

One desiring to leave the balance of an estate to a specified person or group after specific bequests are satisfied may do so by making a residuary bequest in a will.

Accepted Answer

This is true. A residuary bequest in a will is a way to leave what remains of an estate after specific gifts have been made to designated beneficiaries.

Question 5

Being 18 years of age automatically means one has testamentary capacity.

Accepted Answer

Testamentary capacity refers to a person's ability to make a valid will. While being 18 years old is one factor that may indicate testamentary capacity, it is not the only factor. Other factors include understanding the nature and extent of one's property, knowing who one's heirs are, and being of sound mind and memory.

Question 6

A general legacy is a certain sum of money left by a testator to a named person.

Accepted Answer

A general legacy refers to a testamentary gift, which can be a certain sum of money, left by a will to a named beneficiary.

Question 7

A will cannot be modified by merely crossing out a clause and writing in something new.

Accepted Answer

For a will to be legally modified, it generally requires a formal amendment called a codicil or the creation of a new will, following the same legal formalities as the original will, such as being in writing, signed, and witnessed. Simply crossing out a clause and writing something new is not typically considered a valid way to modify a will.

Question 8

The beneficiaries of a decedent are paid prior to debts.

Accepted Answer

The answer of The beneficiaries of a decedent are paid...

Question 9

A beneficiary of personal property by will may be called a devisee.

Accepted Answer

A beneficiary of personal property by will is typically called a legatee, while a devisee is someone who inherits real property through a will.

Question 10

Eccentric behavior means that the testator cannot have testamentary capacity.

Accepted Answer

Eccentric behavior does not necessarily mean that the testator lacks testamentary capacity. Testamentary capacity refers to the ability of the testator to understand the nature and extent of their property and the beneficiaries that they are designating in their will. Eccentric behavior may suggest mental incapacity, but it is not conclusive evidence in and of itself.

Question 11

A living will,now legal in most states,provides that if the testator becomes unable to express his or her wishes and is in an irreversible,incurable medical condition,he or she does not want life-sustaining medical treatments.

Accepted Answer

A living will allows the testator to communicate their wishes regarding life-sustaining medical treatments in the event they become unable to do so in the future. This includes specifying that they do not want these treatments if they are in an irreversible, incurable medical condition.

Question 12

Statutes often require that the attestation of witnesses be made in the presence of the testator and in the presence of each other.

Accepted Answer

Statutes typically require witnesses to attest a will in the presence of the testator and in the presence of each other to ensure the validity and authenticity of the will.

Question 13

When all the distributees stand in the same degree of relationship to the decedent,distribution is made per capita.

Accepted Answer

When all distributees stand in the same degree of relationship to the decedent, distribution is made per capita, meaning each person receives an equal share.

Question 14

In certain instances statutes provide that a change of circumstances,such as the marriage of a testator,has the effect of a revocation.

Accepted Answer

Certain statutes do provide that a change of circumstances, such as marriage, can result in the revocation of a will.

Question 15

A will is very informal and may be created in any reasonable manner.

Accepted Answer

A will must meet certain formal requirements, such as being in writing, signed by the testator (the person making the will), and witnessed by two witnesses who are not beneficiaries under the will. Failure to meet these formal requirements could result in the will being invalid.

Question 16

When a decedent dies without a valid will he is said to have died testate.

Accepted Answer

When a decedent dies without a valid will, he is said to have died intestate.

Question 17

A written will must be signed by the testator at the bottom or end of the will.

Accepted Answer

This is a requirement to ensure that the testator has acknowledged the content of the will and is the one who created it.

Question 18

Testamentary intent means the testator understands that certain persons will become the owners of certain property upon her death.

Accepted Answer

Testamentary intent refers to the testator's intention to distribute their property upon death to certain individuals or entities as stated in their will.

Question 19

A will,to be effective,always must be dated.

Accepted Answer

The answer of A will,to be effective,always must be dated....

Question 20

If a trust is created to take effect within the lifetime of the settlor,it is a testamentary trust.

Accepted Answer

A trust that takes effect within the lifetime of the settlor is called a living trust or inter-vivos trust. A testamentary trust is created through a person's will and takes effect upon their death.

Quiz 51: Decedents' Estates and Trusts