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Wills, Trusts, and Probate LEG 233 - Test 1

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Chapters 1 - 5
Brittany Mae
Quiz by Brittany Mae, updated more than 1 year ago
Brittany Mae
Created by Brittany Mae over 8 years ago
130
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Resource summary

Question 1

Question
The primary purpose of a living will is to allow individuals to distribute their property as they choose upon death.
Answer
  • True
  • False

Question 2

Question
All real and personal property owned by a decedent at the time of death must always pass through probate.
Answer
  • True
  • False

Question 3

Question
Which of the following activities are permissible for paralegals to do?
Answer
  • Give Legal Advice
  • Draft estate planning documents under the supervision of an attorney
  • Interview clients in order to gather information
  • Answers b and c

Question 4

Question
A decedent who dies without a will is said to die intestate.
Answer
  • True
  • False

Question 5

Question
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 methods.
Answer
  • Holographic Will
  • Living Will
  • Will
  • Estate Plan

Question 6

Question
A plan made to provide for the maker's physical and financial needs during lifetime, as well as the distribution of their estate upon death.
Answer
  • Holographic Will
  • Living Will
  • Will
  • Estate Plan

Question 7

Question
A 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.
Answer
  • Holographic Will
  • Living Will
  • Will
  • Estate Plan

Question 8

Question
A written document that leaves the estate of the individual who signed the will to the named persons or entities.
Answer
  • Holographic Will
  • Living Will
  • Will
  • Estate Plan

Question 9

Question
Having the mental ability to make a will is known as being "of sound mind."
Answer
  • True
  • False

Question 10

Question
Which of the following is not an example of real property?
Answer
  • Land
  • Building
  • Garage
  • Pen

Question 11

Question
What type(s) or property is/are immovable?
Answer
  • Real and personal property
  • Real property only
  • Personal property only
  • None of the above

Question 12

Question
The purpose of an estate plan is solely to provide directions for the distribution of an individual's estate upon death.
Answer
  • True
  • False

Question 13

Question
Which of the following is a written document that leaves the estate of the individual who signed the document to the named persons or entities?
Answer
  • Will
  • Living Will
  • Power of attorney
  • All of the above

Question 14

Question
If Sam and Sue are co-owners of a joint bank account and Sue passes away, Sam becomes the legal owner of the account.
Answer
  • True
  • False

Question 15

Question
A mountain is real property.
Answer
  • True
  • False

Question 16

Question
A quitclaim deed is executed while the grantor is alive but takes effect only upon the death of the grantor.
Answer
  • True
  • False

Question 17

Question
A deed in which the personal representative of an estate is the grantor and is transferring real property to the decedent's heirs or devisees.
Answer
  • Beneficiary Deed
  • Warranty Deed
  • Quitclaim Deed
  • Personal Representative's Deed
  • Grant Deed

Question 18

Question
A deed executed while the grantor is alive that takes effect only upon the death of the grantor.
Answer
  • Beneficiary Deed
  • Warranty Deed
  • Quitclaim Deed
  • Personal Representative's Deed
  • Grand Deed

Question 19

Question
A 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.
Answer
  • Beneficiary Deed
  • Warranty Deed
  • Quitclaim Deed
  • Personal Representative's Deed
  • Grant Deed

Question 20

Question
A deed to real property that transfers to the grantee only whatever interest the grantor has in the property.
Answer
  • Beneficiary Deed
  • Warranty Deed
  • Quitclaim Deed
  • Personal Representative's Deed
  • Grant Deed

Question 21

Question
A 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.
Answer
  • Beneficiary Deed
  • Warranty Deed
  • Quitclaim Deed
  • Personal Representative's Deed
  • Grant Deed

Question 22

Question
Which of the following is not real property?
Answer
  • House
  • Shed
  • Corn field
  • Stove

Question 23

Question
A 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.
Answer
  • True
  • False

Question 24

Question
Pay-on-Death (POD) and Transfer-on-Death (TOD) accounts are probate assets.
Answer
  • True
  • False

Question 25

Question
Which of the following is not personal property?
Answer
  • Vase
  • Dresser
  • Dog
  • Shed

Question 26

Question
Betsy 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?
Answer
  • Warranty Deed
  • Quitclaim Deed
  • Grant Deed
  • Personal Representative's Deed

Question 27

Question
John 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?
Answer
  • Fee simple
  • Life estate
  • Tenancy in common
  • Community property

Question 28

Question
Which of the following should be included on an estate planning checklist or intake sheet?
Answer
  • Client's name, date of birth, and adress
  • Marital status
  • Children's names and adresses
  • All of the above

Question 29

Question
A 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.
Answer
  • Estate plan
  • Persistent Vegetative State (PVS)
  • Health Care Proxy
  • Power of Attorney

Question 30

Question
A 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.
Answer
  • Estate plan
  • Persistent Vegetative State (PVS)
  • Health Care Proxy
  • Power of Attorney

Question 31

Question
A 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.
Answer
  • Estate Plan
  • Persistent Vegetative State (PVS)
  • Health Care Proxy
  • Power of Attorney

Question 32

Question
A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.
Answer
  • Estate Plan
  • Persistent Vegetative State (PVS)
  • Health Care Proxy
  • Power of Attorney

Question 33

Question
It is perfectly acceptable for a caregiver to accompany an elderly client into an estate planning consultation.
Answer
  • True
  • False

Question 34

Question
A living trust does not become effective until the trustor/settlor passes away.
Answer
  • True
  • False

Question 35

Question
Which of the following can paralegals ethically do?
Answer
  • Prepare documents under the supervision of an attorney
  • Give legal advice
  • Advise clients about which document they need
  • Both a and c

Question 36

Question
When drafting a living trust for a client, a pour-over will is merely optional.
Answer
  • True
  • False

Question 37

Question
When does a springing power of attorney become effective?
Answer
  • Immediately upon execution
  • Only upon determination by a doctor that the principal is incapacitated
  • Upon the date set forth in the document
  • None of the above

Question 38

Question
It is okay for attorneys and paralegals to draft wills that include testamentary bequests to themselves if a client asks for it to be done.
Answer
  • True
  • False

Question 39

Question
It 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.
Answer
  • True
  • False

Question 40

Question
Which 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?
Answer
  • Power of Attorney
  • Last will and testament
  • Living will
  • Health Care Power of Attorney

Question 41

Question
Which of the following may be a source of power for an attorney-in-fact appointed under a durable power of attorney?
Answer
  • State Statute
  • Enumerated powers in the power of attorney document
  • Both a and b
  • None of the above

Question 42

Question
Who of the following have a fiduciary duty to uphold?
Answer
  • An agent
  • An attorney-in-fact
  • A principal
  • Both a and b

Question 43

Question
A durable power of attorney takes effect immediately upon execution.
Answer
  • True
  • False

Question 44

Question
Which of the following are the primary purposes for executing a living will?
Answer
  • To preserve the principal's assets for family members
  • To avoid unnecessary suffering on the part of loved ones
  • To ensure that the principal will receive tube feeding if incapacitated with no hope of recovery
  • Both a and b

Question 45

Question
A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.
Answer
  • Health Care Proxy
  • Persistent Vegetative State
  • Living Will
  • Power of Attorney

Question 46

Question
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 methods.
Answer
  • Health Care Proxy
  • Persistent Vegetative State
  • Living Will
  • Power of Attorney

Question 47

Question
A 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.
Answer
  • Health Care Proxy
  • Persistent Vegetative State
  • Living Will
  • Power of Attorney

Question 48

Question
A person who authorizes another, as an agent, to represent him or her.
Answer
  • Health Care Proxy
  • Persistent Vegetative State
  • Living Will
  • Power of Attorney

Question 49

Question
The famous Terry Schiavo case illustrates the importance of executing which estate planning document?
Answer
  • Power of Attorney
  • Last Will and Testament
  • Living Will
  • All of the above

Question 50

Question
A health care proxy does not take effect until or unless the principal becomes unable to make his or her own medical decisions.
Answer
  • True
  • False

Question 51

Question
Powers of attorney generally need only be signed and dated by the principal in order to be effective.
Answer
  • True
  • False

Question 52

Question
Third parties do not have to honor validly executed powers of attorney if they don't want to.
Answer
  • True
  • False

Question 53

Question
A springing power of attorney becomes effective upon the occurrence of a specific event at a future time.
Answer
  • True
  • False

Question 54

Question
A gift in a will that takes place only if a particular event has occurred by the time the maker of the will dies.
Answer
  • Conditional Bequest
  • Legacy
  • Specific Bequest
  • Executory Bequest

Question 55

Question
A 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.
Answer
  • Holographic Will
  • Nuncupative Will
  • Pour-over Will
  • Simple Will

Question 56

Question
A will that has been delivered orally to witnesses, as opposed to being written down and executed with the usual formalities.
Answer
  • Holographic Will
  • Nuncupative Will
  • Pour-over Will
  • Simple Will

Question 57

Question
A will drafted for a person who has already executed a living trust that leaves all remaining property to the trust.
Answer
  • Holographic Will
  • Nuncupative Will
  • Pour-over Will
  • Simple Will

Question 58

Question
A will that does not contain tax planning language.
Answer
  • Holographic Will
  • Nuncupative Will
  • Pour-over Will
  • Simple Will

Question 59

Question
A 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.
Answer
  • True
  • False

Question 60

Question
The primary purpose of executing a will is to control the disposition of one's assets after death.
Answer
  • True
  • False

Question 61

Question
The 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.
Answer
  • True
  • False

Question 62

Question
After all other bequests have been made under a will, which clause is used to distribute whatever assets remain?
Answer
  • No content provision
  • Residuary Clause
  • Option to purchase property
  • Testamentary trust

Question 63

Question
In the revocation clause, the testator states that he or she revokes all prior wills and codicils.
Answer
  • True
  • False

Question 64

Question
What type of will is written completely in the handwriting of the testator and signed and dated by the maker?
Answer
  • Nuncupative Will
  • Pour-over Will
  • Simple Will
  • Holographic Will

Question 65

Question
Which of the following wills accompanies a revocable living trust?
Answer
  • Pour-over Will
  • Nuncupative Will
  • Holographic Will
  • Simple Will

Question 66

Question
Majority age is twenty-one (21) in most states, but is age eighteen (18) in a minority of states.
Answer
  • True
  • False
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