Wills

Question 1

A valid will must be executed by a (i) _______ with (ii) _____ and _________.

Answer 1

(i) testator; (ii) intent and capacity

Question 2

Intestacy will apply when there is (i) no _____, (ii) the will ________ (denied probate), (iii) the will does not dispose of all __________, or (iv) the will _______ orders intestate distribution.

Answer 2

(i) will; (ii) fails; (iii) property; (iv) expressly

Question 3

In all states, the surviving spouse takes the entire (i) _______ estate if there are no descendants (or no descendants other than descendants also of the serving spouse), and in most states, one-half or one-third if there are descendants.

Answer 3

(i) intestate

Question 4

Descendants take their share of estate that doesn’t pass to a surviving spouse. In the majority case, descendants inherit (i) ___ _______ with representation. The modern trend is for (ii) ____ ______ at the generation level. The minority rule is strict (iii) ____ _______.

Answer 4

(i) per capita; (ii) per capita; (iii) per stirpes

Question 5

In general, (i) ____-children have no intestate inheritance rights unless (ii) ______, though there may be adoption by (iii) ______.

Answer 5

(i) step; (ii) adoption; (iii) estoppel

Question 6

In the majority role, a (i) ________ clause is ineffective if there is partial intestacy, but in a minority of states, the heir is still disclaimed from the intestate estate.

Answer 6

(i) disinheritance

Question 7

Half of the states have adopted the uniform simultaneous death act, which treats the party as deceased before the other party if he dies within ______-hours of the first party.

Answer 7

120

Question 8

A lifetime gift can offset an intestate share if there is a (i) ___________ intent at the time of gift, written by the donor (or a will provision), and the (ii) _______ acknowledges the writing.

Answer 8

(i) contemporaneous; (ii) donee

Question 9

A testator must be (i) _____ year of age, of sound mind, have a (ii) ______ intent to create a will, and it should be in (iii) _______, signed by the (iv) ______.

Answer 9

(i) 18; (ii) present; (iii) writing; (iv) testator

Question 10

A formally attested will, in addition to the requirements of a basic will, has (i) _______ attesting witnesses.

Answer 10

Two

Question 11

A (i) ________ will is a will that requires no witnesses, if it is in the (ii) ______ of the testator.

Answer 11

(i) holographic; (ii) handwriting

Question 12

A revocation of a (i) ______ revokes codicils, though a revocation of a (ii) _____ does not revoke the underlying (iii) _____.

Answer 12

(i) will; (ii) codicil; (iii) will

Question 13

If a will term is to be incorporated by (i) ___________, the document must be in (ii) ________ at the time the will was executed, sufficiently (iii) ________ in the will, and the will must show an (iv) _______ to incorporate. A signed list of personal property is valid even if executed after the will.

Answer 13

(i) reference; (ii) existence; (iii) described; (iv) intent

Question 14

The non-probate estate is not disposed of by will, and generally includes (i) ______ insurance, (ii) property passing by a right of _________, and (iii) property in _____.

Answer 14

(i) life; (ii) survivorship; (iii) trust

Question 15

Divorce or annulment (i) _________ all provisions in favor of a former spouse (and her relatives).

Answer 15

(i) revokes

Question 16

A will can be revoked by physical act, such as burning, tearing, or obliterating, with an (i) ______ to revoke.

Answer 16

(i) intent

Question 17

An individual can make a (i) __________ to make a will, not make a will, or to die intestate.

Answer 17

(i) contract

Question 18

According to the (i) anti-______ statutes, if a predeceased beneficiary dies before the testator, her gift will pass to her descendants.

Answer 18

(i) lapse

Question 19

(i) _______ is when the property is no longer in the estate. In general, the gift (ii) _______. It applies to specific devises and bequests.

Answer 19

(i) ademption; (ii) fails

Question 20

A claim of undue influence requires the plaintiff to show (i) _____ was exerted on the testator that (ii) ______ the mind or freewill of the testator, and (iii) the resulting will would not have been made but for the influence.

Answer 20

(i) influence; (ii) overpowered

Question 21

There is a presumption of undue influence when there is a (i) ______ relationship between the testator and the beneficiary and (ii) the beneficiary participated in the _______ of the will.

Answer 21

(i) confidential; (ii) execution

Question 22

The executor / administrator must give (i) ______, collect (ii) ________, manage (iii) ___________, pay (iv) _______, and then distribute (v) ________.

Answer 22

(i) notice; (ii) assets; (iii) assets; (iv) creditors; (v) property

Question 23

The priority of creditors is: (i) ________ expenses, (ii) _______ and last-illness expenses, (iii) family __________, (iv) ___ claims, (v) ________ claims, (vi) ___________, and then all other claims.

Answer 23

(i) administration; (ii) funeral; (iii) allowances; (iv) tax; (v) secured; (vi) judgments

Question 24

When the estate is insufficient to meet creditor demands, it must be abated. Abatement happens in this order: (i) property passing by ________; (ii) any leftover _______; (iii) _______ legacies; (iv) ________ devises and bequests.

Answer 24

(i) intestacy; (ii) residue; (iii) general; (iv) specific

Question 25

An (i) _______ clause recites the elements of due execution and is prima facie evidence of those elements.

Answer 25

(i) attestation

Question 26

On conflict of laws in a will, real property is (i) where ______, personal property is where the testator was (ii) ______ at death.

Answer 26

(i) located; (ii) domiciled

Question 27

An invalid will cannot be (i) _______ by codicil. Instead, the will might be viewed as being incorporated by reference.

Answer 27

republished

Question 28

A will must be filed for probate within (i) _____ months

Answer 28

Six

Question 29

If property is given with liens in a will, those liens are not exonerated unless that is (i) ____-

Answer 29

express

Question 30

A deed deposited in (i) ______, with delivery condition on the grantor’s death, may be a valid non testamentary transfer. Courts may construe it as a present transfer of a future interest, subject to a life estate of the grantor.

Answer 30

(i) escrow