FL BAR EXAM MCQ PRACTICE
QUESTIONS AND CORRECT ANSWERS.
C: The spouse takes one-half of the estate, and the remaining half of the estate passes to the
children in equal shares. - Answer A woman died without leaving a will. She was survived by
her husband. The couple had no children together, but the woman had two children from a
previous marriage.Which of the following accurately describes the distribution of the woman's
estate?
A: The spouse takes the entire estate.
B: The spouse takes the first $60,000 plus one-half of the estate, and the remaining half of the
estate, less the $60,000, passes to the children in equal shares.
C: The spouse takes one-half of the estate, and the remaining half of the estate passes to the
children in equal shares.
D: The spouse and the children each take one-third of the estate.
D: The spouse takes the entire estate - Answer A man who resides in Florida is currently
separated from his spouse. They each maintain separate households. The couple has two adult
children. The man inherits a large estate from his grandmother. He is in the process of having a
will prepared; however, he dies before executing the will.How will the man's estate be
distributed?
A: The spouse takes nothing, and the estate passes to the children in equal shares.
B: The spouse takes one-third, and the remaining two-thirds of the estate passes to the children
in equal shares.
C: The spouse takes the first $60,000 plus one-half of the estate, and the remaining half of the
estate, less the $60,000, passes to the children in equal shares.
D: The spouse takes the entire estate.
,children were never married, nor did they have any children of their own.Which answer best
describes the identity of the widow's heirs?
A: All four children
B: You Selected: The second, third, and last child
C: The third and last child
D: Only the last child
C: The son receives $37,500 and the daughter receives $87,500. - Answer A son, who was
experiencing financial problems, obtained an advance on his inheritance from his widowed
mother in the form of property with a fair market value of $50,000. The son acknowledged the
advancement in writing. When his mother died without a will, she was survived by her daughter
as well as her son. The $50,000 property that had been advanced to the son was valued at
$100,000 at the time of his mother's death. She died owning property valued at $125,000.How
should the estate be distributed?
A: The son receives $62,500 and the daughter receives $62,500.
B: The son receives $87,500 and the daughter receives $87,500.
C: The son receives $37,500 and the daughter receives $87,500.
D: The son receives nothing and the daughter receives $125,000.
C: Yes, because the will was valid in place where it was executed. - Answer The testator, who
did not live in Florida, executed a will that was prepared by his attorney. The will was signed by
two witnesses, but the witnesses did not sign in each other's presence. The will was valid in the
place where the will was executed. The testator moved to Florida where he recently died.Is the
testator's will admissible to probate in Florida?
A: No, because the will was not executed in the state where the testator resided at the time of
his death.
B: No, because Florida requires that the two witnesses sign in each other's presence.
C: Yes, because the will was valid in place where it was executed.
D: No, because Florida does not probate any will executed outside the state.
,interest to his son. The testator has another child, a daughter who, rather than follow in the
family business, decided to become a professional gambler. The testator was so upset at this
decision that the second dispositive provision in the will specifically stated that his daughter was
to receive nothing from his estate. Two years later, the testator and his spouse divorced. The
testator never changed his will and not long after the divorce, he died.What happens to the
farm?
A: The ex-spouse and the son each receives half of the farm.
B: The son receives the entire farm.
C: The farm is divided equally between the farmer's two children.
D: The farm is divided between the farmer's two children, with the son receiving a three-fourths
interest and the daughter receiving a one-fourth interest.
B: Only the youngest child. - Answer The testator is survived by his three children. He had
properly executed a will leaving everything to his three children. The eldest, who is insolvent,
wants his two children to get the money, not his creditors. Two months after the testator's
death, the eldest child files a written, notarized disclaimer of his interest under the testator's
will with the clerk of the court handling the estate and sends a copy to the personal
representative. The middle child, for tax reasons, wants his interest to pass directly to his
daughter, and so he tells the personal representative that he does not want his share of the
estate. The youngest, who is out of the country and does not learn of her father's death for a
year, also files a written notarized disclaimer with the personal representative.Which of the
three children have successfully disclaimed their interest in the estate?
A: All three children have successfully disclaimed their interest.
B: Only the youngest child.
C: The eldest and the youngest child.
D: The eldest and the middle child.
D: Deny the petition of the personal representative, because the decedent's estate is closed. -
Answer The personal representative of a decedent's estate—having paid the creditors of the
estate, distributed the assets of the estate pursuant to the decedent's will, and complied with
the law regarding an accounting—filed a petition for an order of discharge. The court granted
this order. Five months later, it was discovered that the decedent had left a later will than the
one that had been probated. This later will differed in significant respects from the will that was
, A: Grant the petition of the personal representative, because the newly discovered will differs in
significant respects from the will that was probated.
B: Grant the petition of the personal representative, because the decedent's estate has been
closed for less than one year.
C: Deny the petition of the personal representative, because the decedent's estate has been
closed for more than three months.
D: Deny the petition of the personal representative, because the decedent's estate is closed.
D: The second wife and the son will each receive each one-half of the estate. - Answer A man
executes a will leaving everything to his spouse, identifying her by name and the descriptive
phrase "my spouse.". A few years later, the man divorces his wife and remarries. However, not
long after the honeymoon, the man and his second wife realize they made a mistake in getting
married and separate. While separated from his second wife, the man, a lifelong resident of
Florida, dies, having never personally revoked or modified his will nor executed another. He is
survived by his first and second wives and an adult son from his first marriage.How much of the
man's estate will the man's first wife, second wife, and son receive?
A: The first wife will receive the man's entire estate.
B: The second wife will receive the man's entire estate.
C: The son will receive the man's entire estate.
D: The second wife and the son will each receive each one-half of the estate.
C: Orla intended to make a transfer of a property interest to Neil during her lifetime. - Answer
Orla owned a parcel of undeveloped land. Orla found a document online. The document
purported, in accord with her wishes, to reserve for herself a life estate in the land and to create
a remainder interest in her neighbor, Neil, although she did not fully understand the legal terms
in the document. Orla executed the document herself and had it witnessed by two bridge
partners in accord with the formalities for executing a will, although Orla did not specifically
identify the document to them as her will. The document was found among Orla's papers when
she died. A court determined that the document did not effect a transfer of any interest in the
land during Orla's life because she failed to deliver it to her neighbor or even inform him of its
existence.
If the court also rejects the document as Orla's will, the most likely reason will be:
QUESTIONS AND CORRECT ANSWERS.
C: The spouse takes one-half of the estate, and the remaining half of the estate passes to the
children in equal shares. - Answer A woman died without leaving a will. She was survived by
her husband. The couple had no children together, but the woman had two children from a
previous marriage.Which of the following accurately describes the distribution of the woman's
estate?
A: The spouse takes the entire estate.
B: The spouse takes the first $60,000 plus one-half of the estate, and the remaining half of the
estate, less the $60,000, passes to the children in equal shares.
C: The spouse takes one-half of the estate, and the remaining half of the estate passes to the
children in equal shares.
D: The spouse and the children each take one-third of the estate.
D: The spouse takes the entire estate - Answer A man who resides in Florida is currently
separated from his spouse. They each maintain separate households. The couple has two adult
children. The man inherits a large estate from his grandmother. He is in the process of having a
will prepared; however, he dies before executing the will.How will the man's estate be
distributed?
A: The spouse takes nothing, and the estate passes to the children in equal shares.
B: The spouse takes one-third, and the remaining two-thirds of the estate passes to the children
in equal shares.
C: The spouse takes the first $60,000 plus one-half of the estate, and the remaining half of the
estate, less the $60,000, passes to the children in equal shares.
D: The spouse takes the entire estate.
,children were never married, nor did they have any children of their own.Which answer best
describes the identity of the widow's heirs?
A: All four children
B: You Selected: The second, third, and last child
C: The third and last child
D: Only the last child
C: The son receives $37,500 and the daughter receives $87,500. - Answer A son, who was
experiencing financial problems, obtained an advance on his inheritance from his widowed
mother in the form of property with a fair market value of $50,000. The son acknowledged the
advancement in writing. When his mother died without a will, she was survived by her daughter
as well as her son. The $50,000 property that had been advanced to the son was valued at
$100,000 at the time of his mother's death. She died owning property valued at $125,000.How
should the estate be distributed?
A: The son receives $62,500 and the daughter receives $62,500.
B: The son receives $87,500 and the daughter receives $87,500.
C: The son receives $37,500 and the daughter receives $87,500.
D: The son receives nothing and the daughter receives $125,000.
C: Yes, because the will was valid in place where it was executed. - Answer The testator, who
did not live in Florida, executed a will that was prepared by his attorney. The will was signed by
two witnesses, but the witnesses did not sign in each other's presence. The will was valid in the
place where the will was executed. The testator moved to Florida where he recently died.Is the
testator's will admissible to probate in Florida?
A: No, because the will was not executed in the state where the testator resided at the time of
his death.
B: No, because Florida requires that the two witnesses sign in each other's presence.
C: Yes, because the will was valid in place where it was executed.
D: No, because Florida does not probate any will executed outside the state.
,interest to his son. The testator has another child, a daughter who, rather than follow in the
family business, decided to become a professional gambler. The testator was so upset at this
decision that the second dispositive provision in the will specifically stated that his daughter was
to receive nothing from his estate. Two years later, the testator and his spouse divorced. The
testator never changed his will and not long after the divorce, he died.What happens to the
farm?
A: The ex-spouse and the son each receives half of the farm.
B: The son receives the entire farm.
C: The farm is divided equally between the farmer's two children.
D: The farm is divided between the farmer's two children, with the son receiving a three-fourths
interest and the daughter receiving a one-fourth interest.
B: Only the youngest child. - Answer The testator is survived by his three children. He had
properly executed a will leaving everything to his three children. The eldest, who is insolvent,
wants his two children to get the money, not his creditors. Two months after the testator's
death, the eldest child files a written, notarized disclaimer of his interest under the testator's
will with the clerk of the court handling the estate and sends a copy to the personal
representative. The middle child, for tax reasons, wants his interest to pass directly to his
daughter, and so he tells the personal representative that he does not want his share of the
estate. The youngest, who is out of the country and does not learn of her father's death for a
year, also files a written notarized disclaimer with the personal representative.Which of the
three children have successfully disclaimed their interest in the estate?
A: All three children have successfully disclaimed their interest.
B: Only the youngest child.
C: The eldest and the youngest child.
D: The eldest and the middle child.
D: Deny the petition of the personal representative, because the decedent's estate is closed. -
Answer The personal representative of a decedent's estate—having paid the creditors of the
estate, distributed the assets of the estate pursuant to the decedent's will, and complied with
the law regarding an accounting—filed a petition for an order of discharge. The court granted
this order. Five months later, it was discovered that the decedent had left a later will than the
one that had been probated. This later will differed in significant respects from the will that was
, A: Grant the petition of the personal representative, because the newly discovered will differs in
significant respects from the will that was probated.
B: Grant the petition of the personal representative, because the decedent's estate has been
closed for less than one year.
C: Deny the petition of the personal representative, because the decedent's estate has been
closed for more than three months.
D: Deny the petition of the personal representative, because the decedent's estate is closed.
D: The second wife and the son will each receive each one-half of the estate. - Answer A man
executes a will leaving everything to his spouse, identifying her by name and the descriptive
phrase "my spouse.". A few years later, the man divorces his wife and remarries. However, not
long after the honeymoon, the man and his second wife realize they made a mistake in getting
married and separate. While separated from his second wife, the man, a lifelong resident of
Florida, dies, having never personally revoked or modified his will nor executed another. He is
survived by his first and second wives and an adult son from his first marriage.How much of the
man's estate will the man's first wife, second wife, and son receive?
A: The first wife will receive the man's entire estate.
B: The second wife will receive the man's entire estate.
C: The son will receive the man's entire estate.
D: The second wife and the son will each receive each one-half of the estate.
C: Orla intended to make a transfer of a property interest to Neil during her lifetime. - Answer
Orla owned a parcel of undeveloped land. Orla found a document online. The document
purported, in accord with her wishes, to reserve for herself a life estate in the land and to create
a remainder interest in her neighbor, Neil, although she did not fully understand the legal terms
in the document. Orla executed the document herself and had it witnessed by two bridge
partners in accord with the formalities for executing a will, although Orla did not specifically
identify the document to them as her will. The document was found among Orla's papers when
she died. A court determined that the document did not effect a transfer of any interest in the
land during Orla's life because she failed to deliver it to her neighbor or even inform him of its
existence.
If the court also rejects the document as Orla's will, the most likely reason will be:
