Question 1

A gift is given to the testator's issue or descendants,with each surviving descendant dividing the share that his or her parent would have taken if the parent had survived.This is known as division ________.

Accepted Answer

When a gift is given to the testator's issue or descendants per stirpes (also called by right of representation),each surviving descendant divides the share that his or her parent would have taken if the parent had survived.

Question 2

Anna wants to create a will indicating that her favorite grandchild,Jesse,will inherit her house.Anna takes an ordinary sheet of paper and,in her own handwriting,states that it is her intent to leave her house to Jesse when she dies.She dates and signs the will,but there are no witnesses to it.Anna then tells her entire family about the will.Anna lives in a state where holographic wills are recognized,but nuncupative wills are not.Will Anna's will be recognized and followed?

Accepted Answer

Holographic wills are wills that are written and signed in the testator's handwriting.For a holographic will to be valid in the states that recognize them,it must evidence testamentary intent and must actually be handwritten by the testator.

Question 3

Which of the following debts of the decedent must be paid upon his/her death?

Accepted Answer

When a person dies,an orderly procedure is needed to collect his property,settle all of his debts,and distribute any remaining property to those who will inherit it under his will or by intestate succession.

Question 4

Jim created a valid will in 2003.Three years later,he wanted to make some minor changes to the will.Jim wants to modify the provisions of his will without making an entirely new will.He can amend his will by executing a(n)________.

Accepted Answer

A codicil is an amendment of a will.If a person wants to change a provision of a will without making an entirely new will,she may amend the will by executing a codicil.

Question 5

Which of the types of wills is written and signed in the testator's handwriting?

Accepted Answer

Holographic wills are written and signed in the testator's handwriting.

Question 6

If an ambiguity or conflict arises when people read and/or interpret a will,courts will:

Accepted Answer

To interpret a will,a court will examine the entire instrument in an attempt to determine the testator's intent.

Question 7

What is a gift of real property called?

Accepted Answer

A devise is a gift of real property.

Question 8

A(n)________ is a gift of personal property or money.

Accepted Answer

A bequest (also called legacy)is a gift of personal property or money.

Question 9

Which of the following is true of testamentary capacity?

Accepted Answer

To have testamentary capacity,a person must be of sound mind and of legal age,which is 18 in most states.A person does not have to be in perfect mental health to have testamentary capacity.

Question 10

Lineal descendants-the children and grandchildren of a person-are known as:

Accepted Answer

A person's issue are his lineal descendants (children,grandchildren,great-grandchildren,and so forth).This category of persons includes adopted children.

Question 11

Which of the following is the source of law for regulating the distribution of property upon death?

Accepted Answer

Each state has its own statutes and common law regulating the distribution of property upon death.Legal requirements and procedures may vary from state to state,but many general principles can be stated.

Question 12

A joint will:

Accepted Answer

A joint will is a single instrument that constitutes the will of both or all of the testators and is executed by both or all of the testators.

Question 13

What is the term for planning for the transfer of a person's estate in later life and at death?

Accepted Answer

Estate Planning is the term for the planning for the transfer of a person's estate in later life and at death.

Question 14

Incorporation by reference refers to:

Accepted Answer

An extrinsic document is a writing apart from the will.In most states,the contents of extrinsic documents can be essentially incorporated into the will.

Question 15

A ________ is oral in nature.

Accepted Answer

A nuncupative will is an oral will.

Question 16

Sarah is 75 years old.She has a serious illness,but she does not want to be kept alive by extraordinary medical technology.Specifically,she does not want to be kept alive by a respirator.Which of the following should Sarah use to make sure that her wishes are followed?

Accepted Answer

Living wills are documents in which a person states in advance his intention to forgo or obtain certain life-prolonging medical procedures.

Question 17

When Rita Ryan died,she left a will naming her children,John and Dale,as the sole beneficiaries.In her will,Rita designated John as the executor of her estate and excused John from posting a bond as executor.At the time of Rita's death,she owned a parcel of land with her sister,Ann,as joint tenants with right of survivorship.With respect to Rita's interest in the land,it will pass to:

Accepted Answer

Property held in joint tenancy or tenancy by the entirety is not controlled by a will,because the property passes automatically to the surviving cotenant by right of survivorship.

Question 18

Grandfather Summers had two children,Mary and Bill.Mary,her father's favorite,has one child,Margaret.Bill has two children,Jill and John.Mary and Bill die before Summers (in legal terms,predecease him),but all three grandchildren are living at the time of his death.Summers' estate has to be divided per capita.Who will get what?

Accepted Answer

Per capita implies that an estate is to be divided equally among all descendants,in this case,the three grandchildren.

Question 19

What is an amendment of a will called?

Accepted Answer