Wills, Trusts, and Probate LEG 233 - Test 1

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

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

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Which of the following activities are permissible for paralegals to do?

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A decedent who dies without a will is said to die intestate.

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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.

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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.

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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.

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A written document that leaves the estate of the individual who signed the will to the named persons or entities.

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Having the mental ability to make a will is known as being "of sound mind."

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Which of the following is not an example of real property?

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What type(s) or property is/are immovable?

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

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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?

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

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A mountain is real property.

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A quitclaim deed is executed while the grantor is alive but takes effect only upon the death of the grantor.

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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.

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A deed executed while the grantor is alive that takes effect only upon the death of the grantor.

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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.

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A deed to real property that transfers to the grantee only whatever interest the grantor has in the property.

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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.

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Which of the following is not real property?

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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.

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Pay-on-Death (POD) and Transfer-on-Death (TOD) accounts are probate assets.

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Which of the following is not personal property?

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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?

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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?

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Which of the following should be included on an estate planning checklist or intake sheet?

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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.

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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.

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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.

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A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.

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It is perfectly acceptable for a caregiver to accompany an elderly client into an estate planning consultation.

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A living trust does not become effective until the trustor/settlor passes away.

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Which of the following can paralegals ethically do?

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When drafting a living trust for a client, a pour-over will is merely optional.

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When does a springing power of attorney become effective?

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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.

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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.

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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?

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Which of the following may be a source of power for an attorney-in-fact appointed under a durable power of attorney?

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Who of the following have a fiduciary duty to uphold?

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A durable power of attorney takes effect immediately upon execution.

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Which of the following are the primary purposes for executing a living will?

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A condition of patients with severe brain damage in whom a coma has progressed to a state of wakefulness without detectable awareness.

1

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.

1

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.

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A person who authorizes another, as an agent, to represent him or her.

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The famous Terry Schiavo case illustrates the importance of executing which estate planning document?

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

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Powers of attorney generally need only be signed and dated by the principal in order to be effective.

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Third parties do not have to honor validly executed powers of attorney if they don't want to.

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A springing power of attorney becomes effective upon the occurrence of a specific event at a future time.

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A gift in a will that takes place only if a particular event has occurred by the time the maker of the will dies.

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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.

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A will that has been delivered orally to witnesses, as opposed to being written down and executed with the usual formalities.

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A will drafted for a person who has already executed a living trust that leaves all remaining property to the trust.

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A will that does not contain tax planning language.

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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.

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The primary purpose of executing a will is to control the disposition of one's assets after death.

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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.

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After all other bequests have been made under a will, which clause is used to distribute whatever assets remain?

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In the revocation clause, the testator states that he or she revokes all prior wills and codicils.

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What type of will is written completely in the handwriting of the testator and signed and dated by the maker?

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Which of the following wills accompanies a revocable living trust?

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

Chapters 1 - 5

Wills, Trusts, and Probate LEG 233 - Test 1

Wills, Trusts, and Probate LEG 233 - Test 1

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

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

Which of the following activities are permissible for paralegals to do?

A decedent who dies without a will is said to die intestate.

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.

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.

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.

A written document that leaves the estate of the individual who signed the will to the named persons or entities.

Having the mental ability to make a will is known as being "of sound mind."

Which of the following is not an example of real property?

What type(s) or property is/are immovable?

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

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?

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

A mountain is real property.

A quitclaim deed is executed while the grantor is alive but takes effect only upon the death of the grantor.

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.

A deed executed while the grantor is alive that takes effect only upon the death of the grantor.

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.