Final Review

Question 1

What is it called to die without a will?

Answer 1

Intestate

Question 2

What is it called when you die with a will?

Answer 2

Testate

Question 3

Why do people start drafting their will?

Answer 3

People make a will when they get older so they can start looking poor on paper.

Question 4

What kind of trusts are inside a will?

Answer 4

trust for minors, supplemental needs trust

Question 5

What is probate?

Answer 5

The process of contesting a will’s validity in a court. A will can only be contested when the testator dies.

Question 6

What is a testator?

Answer 6

The owner/creator of the trust

Question 7

What is a life estate?

Answer 7

You can live in your home until you die even though the property is in a trust.

Question 8

What is a will?

Answer 8

It represents the wishes of a person for when they are no longer living.

Question 9

What is undue influence?

Answer 9

When a person in position of trust uses the close relationship to convince the testator to draw a will.

Question 10

Does a will need to be notarized?

Answer 10

No

Question 11

When does a will take effect?

Answer 11

Once the testator dies.

Question 12

Can the testator change or revoke the will?

Answer 12

Yes, the testator has a right to change or revoke the will using three methods.
1. by amendment
2. by operation of law
3. by revocation

Question 13

Does a will need to be published?

Answer 13

Yes, this usually is said in the First paragraph. This means the testator is acknowledging that it is their will. (do hereby make, publish. . .)

Question 14

What is an ADF?

Answer 14

Attorney Drafts Person. This is the attorney that drafts the will.

Question 15

Why should the testator fill in the date of a will?

Answer 15

It shows testamentary capacity.

Question 16

Who should write the check to pay for the will?

Answer 16

The client should write the check to show capacity and that they were not influenced by someone in the will or close to them.

Question 17

If a beneficiary is assigned and their issue is included, what does this mean?

Answer 17

If “issue” is stated it includes kids and grandkids and so forth as also beneficiaries.

Question 18

What is a simultaneous death clause?

Answer 18

A provision indicating how property is to be distributed if the testator and the heir die in a common disaster. It keeps control of who gets your assets if the beneficiary does not get enough time to enjoy them.

Question 19

What is a Testatrix?

Answer 19

This is used in a woman’s will in place of the testator.

Question 20

What is an Affidavit of Witness?

Answer 20

A sworn testimony of witness stating the testators capacity.

Question 21

What is a self proving will?

Answer 21

This kind of will is not required to have an after death affidavit.

Question 22

What is a self-proving will?

Answer 22

A will that has been affixed a notarized affidavit signed by the attesting witnesses, in which they affirm all of the information required by a probate court to admit the will to probate. This kind of will does not require an after-death affidavit.

Question 23

What is standing?

Answer 23

The legal right to challenge or contest a will.

Question 24

What makes a will valid?

Answer 24

It must have a testator’s signature and two witness signatures.

Question 25

What is an appointment of ancillary executors?

Answer 25

An alternate is not the same as an ancillary. It is for properties where your will is not probated.

Question 26

What is a self proving affitdavit?