Wills & Estates Questions with 100% Verified Answers Latest
Update
Question: Answer:
Court judges are prohibited from being personal ANS: T
representatives. True
Correct. Noncitizens of the United States and nonresidents of the
domiciliary state may
be disqualified as being unsuitable to be personal representatives.
False
Incorrect. Convicted felons and minors are also prohibited from being
personal
representatives.
Question: Answer:
The personal representative is responsible for discovering, ANS: T
collecting, and preserving all probate assets of any value. True
Correct. The personal representative must also manage the probate
estate if it includes
real estate.
False
Incorrect. Although the personal representative must make a list of
nonprobate assets,
he/she is not responsible for discovering, collecting, or preserving
them.
Question: Answer:
If a personal representative does not possess adequate skills ANS: T
to discover, collect, and preserve digital assets, he/she should True
hire someone who has the requisite knowledge. Correct. If the personal representative is not competent to handle
this portion of the
estate, he/she should hire a third party who can assist him/her.
False
Incorrect. If a personal representative is not technology competent,
he/she could be
held liable for mismanagement of the estate.
,Question: Answer:
When a will has been discovered, copies of the will should be ANS: T
prepared for the beneficiaries and devisees. True
Correct. A summary of the contents of the will should also be
included.
False
Incorrect. The original will must be given to the probate court.
Question: Answer:
The attorney is likely to be called in to assist in sorting out a ANS: F
decedent's estate before the funeral arrangements are False
complete. Correct. Copies of the death certificate are obtained from the funeral
director after the
attorney has been employed.
True
Incorrect. The funeral director obtains the necessary burial permits
and death certificate.
Question: Answer:
Only family members should be invited to the family ANS: F
conference. False
Correct. All persons named in a will, or heirs, if there is no will, should
be invited to
attend.
True
Incorrect. Nonfamily members may be named in the will.
Question: Answer:
Property in joint tenancy is a probate asset and should be ANS: F
included in the list of assets subject to probate. False
Correct. Property in joint tenancy is nonprobate property.
True
Incorrect. Property in joint tenancy passes directly to the joint tenant.
,Question: Answer:
During the family conference, the paralegal should ask ANS: T
whether the decedent made any advancements to any True
beneficiaries or heirs. Correct. Such advancements could have direct bearing on the estate.
False
Incorrect. This is true in all cases.
Question: Answer:
The requirements for a bond and surety vary from state to ANS: T
state. True
Correct. State statutes may or may not require bonds.
False
Incorrect. Some states require a bond for all personal
representatives.
Question: Answer:
Witnesses to a will must appear in court to testify to the ANS: F
validity of the will. False
Correct. A signed affidavit may be used to prove a will.
True
Incorrect. A self-proved will removes the need for witness testimony.
Question: Answer:
Letters of Authority must be presented to have the decedent's ANS: T
mail forwarded to the personal representative. True
Correct. Letters of Authority are also required to withdraw funds from
the decedent's
bank accounts.
False
Incorrect. Letters of Authority show that the personal representative
is the authorized
representative of the estate.
, Question: Answer:
While in the process of administering the estate of his ANS: C
deceased brother, Larry, John also died, and his sister, Sue, Administratrix de bonis non
having been appointed the new personal representative, is Correct. De bonis non means "administrator of goods not
now the: administered." Administratrix
a. Administratrix cum testamento annexo cum testamento annexo
b. Public administratrix Incorrect. This might have been true if John had been unqualified to
c. Administratrix de bonis non serve.
d. Special administratrix Public administratrix
Incorrect. A public administrator is not a blood relative.
Special administratrix
Incorrect. A special administratrix is a temporary administrator of the
estate.
Question: Answer:
A paralegal working with a personal representative might be ANS: B
responsible for all of the following EXCEPT: Providing certified copies of the death certificate to the funeral
a. Notifying appropriate parties of the decedent's death director
b. Providing certified copies of the death certificate to the Correct. The paralegal will obtain copies of the death certificate from
funeral director the funeral director.
c. Searching for and obtaining the will and other personal Notifying appropriate parties of the decedent's death
business records Incorrect. The paralegal might need to research the locations of all
d. Setting a date for the family conference appropriate parties
so as to notify them.
Searching for and obtaining the will and other personal business
records
Incorrect. The paralegal will work with the personal representative to
gain access as
needed.
Setting a date for the family conference
Incorrect. The paralegal will set the date after contacting the
appropriate persons.
Update
Question: Answer:
Court judges are prohibited from being personal ANS: T
representatives. True
Correct. Noncitizens of the United States and nonresidents of the
domiciliary state may
be disqualified as being unsuitable to be personal representatives.
False
Incorrect. Convicted felons and minors are also prohibited from being
personal
representatives.
Question: Answer:
The personal representative is responsible for discovering, ANS: T
collecting, and preserving all probate assets of any value. True
Correct. The personal representative must also manage the probate
estate if it includes
real estate.
False
Incorrect. Although the personal representative must make a list of
nonprobate assets,
he/she is not responsible for discovering, collecting, or preserving
them.
Question: Answer:
If a personal representative does not possess adequate skills ANS: T
to discover, collect, and preserve digital assets, he/she should True
hire someone who has the requisite knowledge. Correct. If the personal representative is not competent to handle
this portion of the
estate, he/she should hire a third party who can assist him/her.
False
Incorrect. If a personal representative is not technology competent,
he/she could be
held liable for mismanagement of the estate.
,Question: Answer:
When a will has been discovered, copies of the will should be ANS: T
prepared for the beneficiaries and devisees. True
Correct. A summary of the contents of the will should also be
included.
False
Incorrect. The original will must be given to the probate court.
Question: Answer:
The attorney is likely to be called in to assist in sorting out a ANS: F
decedent's estate before the funeral arrangements are False
complete. Correct. Copies of the death certificate are obtained from the funeral
director after the
attorney has been employed.
True
Incorrect. The funeral director obtains the necessary burial permits
and death certificate.
Question: Answer:
Only family members should be invited to the family ANS: F
conference. False
Correct. All persons named in a will, or heirs, if there is no will, should
be invited to
attend.
True
Incorrect. Nonfamily members may be named in the will.
Question: Answer:
Property in joint tenancy is a probate asset and should be ANS: F
included in the list of assets subject to probate. False
Correct. Property in joint tenancy is nonprobate property.
True
Incorrect. Property in joint tenancy passes directly to the joint tenant.
,Question: Answer:
During the family conference, the paralegal should ask ANS: T
whether the decedent made any advancements to any True
beneficiaries or heirs. Correct. Such advancements could have direct bearing on the estate.
False
Incorrect. This is true in all cases.
Question: Answer:
The requirements for a bond and surety vary from state to ANS: T
state. True
Correct. State statutes may or may not require bonds.
False
Incorrect. Some states require a bond for all personal
representatives.
Question: Answer:
Witnesses to a will must appear in court to testify to the ANS: F
validity of the will. False
Correct. A signed affidavit may be used to prove a will.
True
Incorrect. A self-proved will removes the need for witness testimony.
Question: Answer:
Letters of Authority must be presented to have the decedent's ANS: T
mail forwarded to the personal representative. True
Correct. Letters of Authority are also required to withdraw funds from
the decedent's
bank accounts.
False
Incorrect. Letters of Authority show that the personal representative
is the authorized
representative of the estate.
, Question: Answer:
While in the process of administering the estate of his ANS: C
deceased brother, Larry, John also died, and his sister, Sue, Administratrix de bonis non
having been appointed the new personal representative, is Correct. De bonis non means "administrator of goods not
now the: administered." Administratrix
a. Administratrix cum testamento annexo cum testamento annexo
b. Public administratrix Incorrect. This might have been true if John had been unqualified to
c. Administratrix de bonis non serve.
d. Special administratrix Public administratrix
Incorrect. A public administrator is not a blood relative.
Special administratrix
Incorrect. A special administratrix is a temporary administrator of the
estate.
Question: Answer:
A paralegal working with a personal representative might be ANS: B
responsible for all of the following EXCEPT: Providing certified copies of the death certificate to the funeral
a. Notifying appropriate parties of the decedent's death director
b. Providing certified copies of the death certificate to the Correct. The paralegal will obtain copies of the death certificate from
funeral director the funeral director.
c. Searching for and obtaining the will and other personal Notifying appropriate parties of the decedent's death
business records Incorrect. The paralegal might need to research the locations of all
d. Setting a date for the family conference appropriate parties
so as to notify them.
Searching for and obtaining the will and other personal business
records
Incorrect. The paralegal will work with the personal representative to
gain access as
needed.
Setting a date for the family conference
Incorrect. The paralegal will set the date after contacting the
appropriate persons.
