Question 1

Debbie Forester has passed away leaving a will that leaves all of her property to her "children." The will provides that in the event one of her children predeceases her that the deceased child's inheritance "is to be given equally" to the deceased child's children. Debbie had three children: Anna, Ziggy, and Freud. Freud died prior to Debbie's passing. Freud had three children: Tolstoy, Boris, and Pasternak. The executor of Debbie's will is unclear about how to distribute the property shares. If the estate is distributed per stirpes, which of the following is correct?

Accepted Answer

Per stirpes distribution means that the share of a deceased beneficiary is divided equally among his or her children. Since Freud predeceased Debbie, Freud's one-third share is divided equally among his three children, giving each of them 1/9 of the total estate. Anna and Ziggy, being alive, each receive one-third.

Question 2

Debbie Forester has passed away leaving a will that leaves all of her property to her "children." The will provides that in the event one of her children predeceases her that the deceased child's inheritance "is to be given equally" to the deceased child's children. Debbie had three children: Anna, Ziggy, and Freud. Freud died prior to Debbie's passing. Freud had three children: Tolstoy, Boris, and Pasternak. The executor of Debbie's will is unclear about how to distribute the property shares. If the distribution is per capita, how will the property be distributed?

Accepted Answer

In a per capita distribution, each living descendant at the same generational level receives an equal share. Since Freud predeceased Debbie, his share is divided equally among his children (Tolstoy, Boris, and Pasternak), each receiving 1/5, the same as Anna and Ziggy.

Question 3

Jessica Burton has died with no will, no spouse, no children, no brothers or sisters, and no parents surviving her. Jessica does have maternal grandparents and her paternal grandfather who survive her. How will her property be distributed?

Accepted Answer

Under the laws of intestacy, when a person dies without a will and without direct descendants, spouse, siblings, or parents, the property typically goes to the grandparents. If both sets of grandparents are alive, it is common for the estate to be divided equally between the maternal and paternal sides. In this case, since Jessica has both maternal grandparents and a paternal grandfather surviving her, her estate would be divided into two equal parts: one half to her maternal grandparents (to share between them) and the other half to her paternal grandfather.

Question 4

To whom does the spousal exemption for federal estate tax apply?

Accepted Answer

The spousal exemption for federal estate tax applies to the spouses of decedents, allowing unlimited transfers of assets to the surviving spouse without incurring any federal estate tax, regardless of the amount or the state's stance on same-sex marriage.

Question 5

Graham Nesbitt has passed away leaving no will, his wife, and three stepchildren from his wife's previous marriage. How will Graham's estate be distributed?

Accepted Answer

In the absence of a will, the estate typically goes to the surviving spouse under the rules of intestacy. Stepchildren do not automatically inherit unless they were legally adopted by the deceased.

Question 6

Graham Nesbitt has passed away leaving no will, his wife, and three stepchildren from his wife's previous marriage. What if Graham and his wife had one child together and she has three children from a previous marriage. How will the estate be distributed?

Accepted Answer

The answer of Graham Nesbitt has passed away leaving no...

Question 7

Posthumous heirs:

Accepted Answer

The answer of Posthumous heirs:
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Question 8

Mia and George Hargrove, husband and wife, were in a serious automobile accident. George was pronounced dead at the scene of the accident and Mia died four days later. They died without wills and they have three children. Which of the following describes how their property would be distributed under the UPC?

Accepted Answer

Under the Uniform Probate Code (UPC), when a married individual dies intestate (without a will), their property typically passes to the surviving spouse. However, since both Mia and George died and they have children, their property would be distributed to their children.

Question 9

Which of the following is a correct statement about a holographic will?

Accepted Answer

The Uniform Probate Code (UPC) recognizes the validity of holographic wills, which are handwritten and do not require witnesses in some states.

Question 10

What is the minimum age requirement for creating a valid will?

Accepted Answer

The minimum age requirement for creating a valid will is 18 years old.

Question 11

Which of the following establishes a lack of testamentary capacity?

Accepted Answer

A court-imposed guardianship indicates that a person has been legally determined to lack the capacity to manage their own affairs, which includes making a valid will.

Question 12

Jeff and Kimberly Fowles live in a community property state. They have been married for 42 years and have acquired a substantial amount of real and personal property. Jeff has passed away and his will provides that all of his estate is to go to his children and "no property shall go to Kimberly because she has her own property for her support and well being." Which of the following statements is correct?

Accepted Answer

In a community property state, each spouse is considered to own equally all property acquired during the marriage, regardless of who earned the money or whose name is on the title. Therefore, upon the death of one spouse, the surviving spouse is entitled to one-half of the community property, despite any attempt to disinherit them through a will.

Question 13

What is the purpose of a living will?

Accepted Answer

A living will is a legal document that lets individuals declare their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It often includes the desire not to be kept alive on life support systems when there is no hope of recovery.

Question 14

Which statute(s) cover the issues that involve a vegetative state patient with no advance directive?

Accepted Answer

The Uniform Health-Care Decision Act provides a framework for making health-care decisions for patients who are unable to make their own decisions and do not have an advance directive.

Question 15

What is an alternative to a living trust?

Accepted Answer

A will and joint tenancy with right of survivorship ownership are alternatives to a living trust. A will allows you to specify how your assets should be distributed after your death, and joint tenancy with right of survivorship automatically transfers ownership of property to the surviving owner(s) upon one's death, bypassing probate, similar to how a living trust can avoid probate.

Question 16

James Morgan executed a valid will on December 14, 2015. On July 14, 2018, James crossed out several provisions of the will. On February 13, 2019, James had a lawyer draw up another will. On February 15, 2020, James had still another lawyer draw up another will. James died on January 3, 2021. The executor of the estate has found the four wills and the distribution provisions are all different under each of the wills. Which statement best describes the situation the probate court faces?

Accepted Answer

The most recent will, if properly executed, supersedes all previous wills, making the 2020 will the one that will be admitted to probate.

Question 17

Anna Ricardo left a valid will in which she gave her niece her car, a 2015 Hyundai. Anna sold the Hyundai in 2019 and passed away in 2020. Which of the following is correct about the niece's rights?

Accepted Answer

The doctrine of ademption applies in this situation, meaning that if a specific bequest (like a particular car) is no longer part of the estate at the time of the testator's death because it has been sold or otherwise disposed of, the bequest is adeemed, or fails, and the beneficiary does not receive the item or its value unless the will provides otherwise.

Question 18

Which is the correct order for distribution of a testate estate?

Accepted Answer

The correct order is to first settle creditor claims, then pay taxes and administrative expenses, followed by distributing specific devises, legacies, and bequests.

Question 19

​Homer Sidway spent his last years as a lonely man. A woman who resided in the same building invited Homer over to dinner at least twice each week and checked on him daily for a period of five years. Sidway was said to wear the same socks each day and dusted his furniture twice each day because of a fear he had of dust. In his will, Sidway left all of his property to the woman in his apartment building. Homer's only heirs, a niece and nephew, who had not seen him for ten years, contested the will on the grounds of a lack of testamentary capacity and undue influence. What result?

Accepted Answer

The answer of ​Homer Sidway spent his last years as...

Question 20

Discuss the various steps and processes involved in probate.

Accepted Answer

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