Quiz
Wills, Trusts, and Probate LEG 233 - Test 1
Questions in this quiz (66)
1The primary purpose of a living will is to allow individuals to distribute their property as they choose upon death.
- ATrue
- BFalse
2All real and personal property owned by a decedent at the time of death must always pass through probate.
- ATrue
- BFalse
3Which of the following activities are permissible for paralegals to do?
- AGive Legal Advice
- BDraft estate planning documents under the supervision of an attorney
- CInterview clients in order to gather information
- DAnswers b and c
4A decedent who dies without a will is said to die intestate.
- ATrue
- BFalse
5A written expression of a person's wishes to be allowed to die a natural death and not be kept alive by heroic or artificial methods.
- AHolographic Will
- BLiving Will
- CWill
- DEstate Plan
6A plan made to provide for the maker's physical and financial needs during lifetime, as well as the distribution of their estate upon death.
- AHolographic Will
- BLiving Will
- CWill
- DEstate Plan
7A will that is written completely in the handwriting of the testator and signed and dated by the maker. Witnesses may or may not be required, depending on state law.
- AHolographic Will
- BLiving Will
- CWill
- DEstate Plan
8A written document that leaves the estate of the individual who signed the will to the named persons or entities.
- AHolographic Will
- BLiving Will
- CWill
- DEstate Plan
9Having the mental ability to make a will is known as being "of sound mind."
- ATrue
- BFalse
10Which of the following is not an example of real property?
- ALand
- BBuilding
- CGarage
- DPen
11What type(s) or property is/are immovable?
- AReal and personal property
- BReal property only
- CPersonal property only
- DNone of the above
12The purpose of an estate plan is solely to provide directions for the distribution of an individual's estate upon death.
- ATrue
- BFalse
13Which of the following is a written document that leaves the estate of the individual who signed the document to the named persons or entities?
- AWill
- BLiving Will
- CPower of attorney
- DAll of the above
14If Sam and Sue are co-owners of a joint bank account and Sue passes away, Sam becomes the legal owner of the account.
- ATrue
- BFalse
15A mountain is real property.
- ATrue
- BFalse
16A quitclaim deed is executed while the grantor is alive but takes effect only upon the death of the grantor.
- ATrue
- BFalse
17A deed in which the personal representative of an estate is the grantor and is transferring real property to the decedent's heirs or devisees.
- ABeneficiary Deed
- BWarranty Deed
- CQuitclaim Deed
- DPersonal Representative's Deed
- EGrant Deed
18A deed executed while the grantor is alive that takes effect only upon the death of the grantor.
- ABeneficiary Deed
- BWarranty Deed
- CQuitclaim Deed
- DPersonal Representative's Deed
- EGrand Deed
19A deed that transfers title to real property from a grantor to a grantee, usually used in connection with a gift of property or a transfer between family members.
- ABeneficiary Deed
- BWarranty Deed
- CQuitclaim Deed
- DPersonal Representative's Deed
- EGrant Deed
20A deed to real property that transfers to the grantee only whatever interest the grantor has in the property.
- ABeneficiary Deed
- BWarranty Deed
- CQuitclaim Deed
- DPersonal Representative's Deed
- EGrant Deed
21A deed to real property, which guarantees that the seller has clear title to the property, and that title can be transferred or conveyed to the buyer.
- ABeneficiary Deed
- BWarranty Deed
- CQuitclaim Deed
- DPersonal Representative's Deed
- EGrant Deed
22Which of the following is not real property?
- AHouse
- BShed
- CCorn field
- DStove
23A grant deed typically transfers title to real property from a grantor to a grantee in connection with a gift of property or a transfer between family members or to a family trust.
- ATrue
- BFalse
24Pay-on-Death (POD) and Transfer-on-Death (TOD) accounts are probate assets.
- ATrue
- BFalse
25Which of the following is not personal property?
- AVase
- BDresser
- CDog
- DShed
26Betsy is purchasing real property from an acquaintance, Sarah. What type of deed should Betsy expect from Sarah in order to guarantee that she has clear title to the property?
- AWarranty Deed
- BQuitclaim Deed
- CGrant Deed
- DPersonal Representative's Deed
27John is allowed to live at 123 Home Street for his lifetime and, upon John's death, the property will pass to John's son. What interest does John have in the property?
- AFee simple
- BLife estate
- CTenancy in common
- DCommunity property
28Which of the following should be included on an estate planning checklist or intake sheet?
- AClient's name, date of birth, and adress
- BMarital status
- CChildren's names and adresses
- DAll of the above
29A plan made to provide for the maker's physical and financial needs during lifetime, as well as the distribution of the maker's estate upon death.
- AEstate plan
- BPersistent Vegetative State (PVS)
- CHealth Care Proxy
- DPower of Attorney
30A written statement authorizing an agent or surrogate to make medical treatment decisions for another in the event of the other's inability to do so.
- AEstate plan
- BPersistent Vegetative State (PVS)
- CHealth Care Proxy
- DPower of Attorney
31A legal document that authorizes another person to act as the grantor's attorney-in-fact and agent; execution before a notary public is nearly always required.
- AEstate Plan
- BPersistent Vegetative State (PVS)
- CHealth Care Proxy
- DPower of Attorney
32A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.
- AEstate Plan
- BPersistent Vegetative State (PVS)
- CHealth Care Proxy
- DPower of Attorney
33It is perfectly acceptable for a caregiver to accompany an elderly client into an estate planning consultation.
- ATrue
- BFalse
34A living trust does not become effective until the trustor/settlor passes away.
- ATrue
- BFalse
35Which of the following can paralegals ethically do?
- APrepare documents under the supervision of an attorney
- BGive legal advice
- CAdvise clients about which document they need
- DBoth a and c
36When drafting a living trust for a client, a pour-over will is merely optional.
- ATrue
- BFalse
37When does a springing power of attorney become effective?
- AImmediately upon execution
- BOnly upon determination by a doctor that the principal is incapacitated
- CUpon the date set forth in the document
- DNone of the above
38It is okay for attorneys and paralegals to draft wills that include testamentary bequests to themselves if a client asks for it to be done.
- ATrue
- BFalse
39It is advisable that clients select an alternate agent so that if their first appointed agent is unable to serve, there is someone else appointed to do the job.
- ATrue
- BFalse
40Which of the following is a written expression of a person's wishes to be allowed to die a natural death and not be kept alive by heroic or artificial measures?
- APower of Attorney
- BLast will and testament
- CLiving will
- DHealth Care Power of Attorney
41Which of the following may be a source of power for an attorney-in-fact appointed under a durable power of attorney?
- AState Statute
- BEnumerated powers in the power of attorney document
- CBoth a and b
- DNone of the above
42Who of the following have a fiduciary duty to uphold?
- AAn agent
- BAn attorney-in-fact
- CA principal
- DBoth a and b
43A durable power of attorney takes effect immediately upon execution.
- ATrue
- BFalse
44Which of the following are the primary purposes for executing a living will?
- ATo preserve the principal's assets for family members
- BTo avoid unnecessary suffering on the part of loved ones
- CTo ensure that the principal will receive tube feeding if incapacitated with no hope of recovery
- DBoth a and b
45A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.
- AHealth Care Proxy
- BPersistent Vegetative State
- CLiving Will
- DPower of Attorney
46A written expression of a person's wishes to be allowed to die a natural death and not be kept alive by heroic or artificial methods.
- AHealth Care Proxy
- BPersistent Vegetative State
- CLiving Will
- DPower of Attorney
47A written statement authorizing an agent or surrogate to make medical treatment decisions for another in the event of the other's inability to do so.
- AHealth Care Proxy
- BPersistent Vegetative State
- CLiving Will
- DPower of Attorney
48A person who authorizes another, as an agent, to represent him or her.
- AHealth Care Proxy
- BPersistent Vegetative State
- CLiving Will
- DPower of Attorney
49The famous Terry Schiavo case illustrates the importance of executing which estate planning document?
- APower of Attorney
- BLast Will and Testament
- CLiving Will
- DAll of the above
50A health care proxy does not take effect until or unless the principal becomes unable to make his or her own medical decisions.
- ATrue
- BFalse
51Powers of attorney generally need only be signed and dated by the principal in order to be effective.
- ATrue
- BFalse
52Third parties do not have to honor validly executed powers of attorney if they don't want to.
- ATrue
- BFalse
53A springing power of attorney becomes effective upon the occurrence of a specific event at a future time.
- ATrue
- BFalse
54A gift in a will that takes place only if a particular event has occurred by the time the maker of the will dies.
- AConditional Bequest
- BLegacy
- CSpecific Bequest
- DExecutory Bequest
55A will that is written completely in the handwriting of the testator and signed and dated by the maker. Witnesses may or may not be required, depending on state law.
- AHolographic Will
- BNuncupative Will
- CPour-over Will
- DSimple Will
56A will that has been delivered orally to witnesses, as opposed to being written down and executed with the usual formalities.
- AHolographic Will
- BNuncupative Will
- CPour-over Will
- DSimple Will
57A will drafted for a person who has already executed a living trust that leaves all remaining property to the trust.
- AHolographic Will
- BNuncupative Will
- CPour-over Will
- DSimple Will
58A will that does not contain tax planning language.
- AHolographic Will
- BNuncupative Will
- CPour-over Will
- DSimple Will
59A residuary clause a clause included in a will in order to prevent the disinherited individual from contesting the probate of the will, resulting in delays and additional administrative expenses for the estate.
- ATrue
- BFalse
60The primary purpose of executing a will is to control the disposition of one's assets after death.
- ATrue
- BFalse
61The requirements for due execution of a will vary by state, but most states require that, at a minimum, the will is written, signed and dated by the maker, and attested and signed by two witnesses.
- ATrue
- BFalse
62After all other bequests have been made under a will, which clause is used to distribute whatever assets remain?
- ANo content provision
- BResiduary Clause
- COption to purchase property
- DTestamentary trust
63In the revocation clause, the testator states that he or she revokes all prior wills and codicils.
- ATrue
- BFalse
64What type of will is written completely in the handwriting of the testator and signed and dated by the maker?
- ANuncupative Will
- BPour-over Will
- CSimple Will
- DHolographic Will
65Which of the following wills accompanies a revocable living trust?
- APour-over Will
- BNuncupative Will
- CHolographic Will
- DSimple Will
66Majority age is twenty-one (21) in most states, but is age eighteen (18) in a minority of states.
- ATrue
- BFalse
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- Description
- Chapters 1 - 5
- Author
- Brittany Mae
- Language
- English
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