WILLS & ESTATES FINAL UPDATED ACTUAL QUESTIONS AND CORRECT ANSWERS

WILLS & ESTATES FINAL UPDATED ACTUAL QUESTIONS
AND CORRECT ANSWERS

Question:
1. Ancillary administration in the foreign state generally includes all of the following procedures
EXCEPT:
a. Payment of taxes imposed by the foreign state to that state
b. Acceptance by the foreign state court of the will admitted to probate in the decedent's domiciliary state
c. Transfer of the decedent's personal property to persons entitled to the property according to the foreign
state's intestate succession statute
d. Issuance of letters of authority that permit the real property to be transferred to the designated devisee
named in the will
Answer:
c. Transfer of the decedent's personal property to persons entitled to the property according to the foreign
state's intestate succession statute

Question:
2. Jurisdiction is generally determined by the decedent's:
a. Venue
b. Will
c. Residence
d. Domicile
Answer:
d. Domicile

Question:
3. After execution of a will, the testator, by an intentional act of ademption, has the right to do all of the
following EXCEPT:
a. Add a beneficiary
b. Revoke or cancel a testamentary gift
c. Deliver the gift to the beneficiary before the testator's death
d. Substitute a different gift for the original one
Answer:
a. Add a beneficiary

Question:
4. If a client wants to leave a monetary gift for the attorney who drafts the will, to ensure ethical practice,
the attorney should:
a. Ensure that the gift is the major asset of the estate
b. Draft the will as requested
c. Direct another attorney in the firm to draft the will
d. Fully disclose the code of conduct to the client
Answer:
d. Fully disclose the code of conduct to the client

,Question:
5. Which is related to, but NOT part of, a standard will?
a. General revocation clause
b. Letter of instructions
c. Appointment of personal representative
d. Appointment of personal and/or property guardian
Answer:
b. Letter of instructions

Question:
6. When a person dies intestate and has no spouse or children, the estate then goes to:
a. The state
b. Lineal ascendants
c. Other lineal descendants
d. Other next of kin
Answer:
c. Other lineal descendants

Question:
7. A living will states where the decedent wishes his/her children to be raised.
a. True b. False
Answer:
False

Question:
8. Some states allow an option for self-proving a will.
a. True b. False
Answer:
True

Question:
9. Which is NOT a standard clause or provision of a will?
a. Testator's signature
b. Provision for residue of estate
c. Specific testamentary gifts
d. Power of attorney
Answer:
d. Power of attorney

Question:
10. Recommending periodic reviews of the will whenever the client's marital status changes constitutes
improper solicitation.
a. True b. False
Answer:
False

,Question:
11. Creditors can generally contest a will.
a. True b. False
Answer:
False

Question:
12. Which circumstance would NOT make the personal representative's job more difficult?
a. Someone contests the representative's payment to creditors.
b. Someone contests the will.
c. Creditors cannot be found.
d. Heirs cannot be found.
Answer:
c. Creditors cannot be found.

Question:
13. States that allow holographic wills generally require that the wills also be signed by witnesses.
a. True b. False
Answer:
False

Question:
14. What is an annuity?
a. The cash reserve that increases each year an insurance policy remains in force as a minimum savings
feature
b. An alternative that a party to an insurance contract agrees to follow to discharge the agreement
c. A fixed sum to be paid at regular intervals to an insurance policyholder for either a certain or indefinite
period
d. An annual sum that the insured pays to an insurance company as consideration for the insurance contract
Answer:
c. A fixed sum to be paid at regular intervals to an insurance policyholder for either a certain or indefinite
period

Question:
15. Which is NOT an example of community property?
a. Property obtained from community property income during the marriage
b. Property owned by the spouses in partnerships
c. Income earned or acquired during the marriage by either spouse's employment
d. Inheritance to a single spouse during the marriage
Answer:
d. Inheritance to a single spouse during the marriage

, Question:
16. What is the first priority in drafting a will under an attorney's supervision?
a. Understanding the client's objectives
b. Analyzing the information
c. Gathering data from the client
d. Reviewing the selected draft with the client
Answer:
a. Understanding the client's objectives

Question:
17. Which is NOT a way to accomplish revocation?
a. By intent
b. By subsequent writing
c. By physical act
d. By operation of law
Answer:
a. By intent

Question:
18. Which is NOT an example of revocation by subsequent writing?
a. The testator crosses out all clauses of the will with a pen.
b. The testator adds a codicil to the will.
c. A single testator writes a new will.
d. An engaged testator writes a new will prior to marriage
Answer:
a. The testator crosses out all clauses of the will with a pen.

Question:
19. Which is the responsibility of a paralegal?
a. Distributing the remaining assets to the beneficiaries named in the will
b. Ensuring that the personal representative properly administers the estate
c. Keeping records and acting on behalf of the court
d. Assisting in the execution of the final draft of a will
Answer:
d. Assisting in the execution of the final draft of a will

Question:
20. How long would a decedent and spouse have to be married for the surviving spouse to be entitled to an
elective-share percentage of 50 percent of the augmented estate?
a. 10 years
b. 5 years
c. 20 years
d. 15 years
Answer:
d. 15 years