Fla. Fund. Final Exam Questions And Answers

An unmarried resident in the state of Florida recently died without a will. The resident, a widow, had four children from her only marriage. The first born child died one day prior to the widow; the second child died at the same time as the widow; the third child died one day after the widow; and the last child died one week after the widow. The 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. The second, third, and last child C. The third and last child D. Only the last child - ANS The third and last child Taft, a widower, owned a parcel of undeveloped land, which he sold to Bulah. Because Bulah was unable to find financing elsewhere, Taft agreed to transfer title to the land to Bulah in exchange for a nonnegotiable note that was payable over 10 years. In addition, Taft retained a mortgage as security for the repayment of the note. After this transaction, Taft executed a will. Under the terms of the will, Taft specifically devised the note to Dashel, his son, and all real property in his estate to Rachel, a friend. Several months before Taft's death, Bulah defaulted on the note. Bulah and Taft agreed to the transfer title to the land to Taft in lieu of foreclosure. Who is entitled to the land upon Taft's death? A. Dashel, because he was Taft's son. B. Dashel, because the land was received by Taft in lieu of foreclosing on the note. C. Rachel, because she was the devisee of Taft's real property. D. Rachel, because the - ANS Dashel, because the land was received by Taft in lieu of foreclosing on the note. The testator, a widower, had his attorney prepare a will according to the testator's instructions. The attorney mailed the will to the testator. The testator signed the will in the presence of his father, and asked his father to sign the will as a witness, which his father did. The testator then showed the will to his adult son, told him that the signature on the will was his, and asked his son to sign the will as a witness as well. The testator's will devised $100,000 to his adult son, with the remainder of the testator's estate passing to his other two sons in equal shares. When the testator died, the will was offered for probate. The testator was survived by the father, the adult son, and the other two sons. If the will is held to be invalid, how should the property be distributed? A. The adult son takes $100,000, and the father and other two sons each take a one-third share. B. The father and adult son are exclu - ANS Each of the three sons takes a one-third share, and the father takes nothing. Tarja, an unmarried Florida resident, drafted a document in her own handwriting. In the document, which was labeled as her will, she wrote, "I leave all of my property, real as well as personal, to my friend, Brantley." She invited two co-workers over to her home. Tarja signed the document in their presence, but did not acknowledge or otherwise inform them that the document was a will. They signed the document in Tarja's presence and in each other's presence as well. Was this document executed with the necessary formalities required of a will? A. Yes, because Tarja signed the document in the presence of her two co-workers and they signed it in her presence and each other's presence. B. Yes, because Florida recognizes a holographic will that is signed by the testator as valid, without the need for attesting witnesses. C. No, because the document was in Tarja's handwriting. D. No, because Tarja failed to acknowledge t - ANS Yes, because Tarja signed the document in the presence of her two co-workers and they signed it in her presence and each other's presence. The testator is a resident of Florida. In her lawyer's office, the testator executed a will in which she devises one-fourth of her estate to her nephew, one-fourth of her estate to her sister, and the remaining half of her estate to her brother. She keeps the original will with her for safekeeping. One evening, the testator and her nephew are having dinner. On their way home, the testator and her nephew get into a heated argument. When they arrive at the testator's home, the testator immediately pulls out her will, and in front of her nephew crosses out the provision in which she left him one-fourth of her estate and tells him he is getting nothing. The nephew leaves. That evening, the stress of the argument causes the testator to suffer a heart attack. She is found dead the next morning. Will the nephew receive his one-fourth share of the estate? A. No, because the testator properly revoked the nephew's provision b - ANS Yes, because the testator did not properly revoke the nephew's provision by physical act. The testator's will bequeaths $5,000 to her daughter, if the daughter survives the testator. The testator bequeaths the residuary estate to her boyfriend. The daughter dies several months later and is survived by the testator and her minor son. The daughter executed a valid will leaving her estate to her son. The testator dies six months after the daughter. Who takes under the testator's will? A. The son takes $5,000 and the residuary passes to the boyfriend. B. The daughter's estate takes the $5,000 in trust for her minor son and the residuary passes to the boyfriend. C. The testator's estate retains the $5,000 in trust for the minor son and the residuary passes to the boyfriend. D. The boyfriend takes the entire estate. - ANS The boyfriend takes the entire estate. Topanga, a Florida resident who was unmarried and childless, executed a document leaving all of her property to a charity. The document was witnessed by Topanga's friend. Later, Topanga drafted a second document in her own handwriting and signed it. Her signing of the second document was witnessed by two neighbors, who also signed this document in Topanga's presence and the presence of each other. The second document affirmed the first document, but provided that certain items of tangible personal property, which were valued at less than $15,000, were to go to Topanga's nephew, Nakamo. Topango died shortly thereafter. The charity is: A. not entitled to any of Topanga's property, because the first document was not executed with the necessary formalities for a will. entitled to all of Topanga's property except for the personal property left to B.Nakamo, because the post-death distribution of items of tangible personal - ANS entitled to all of Topanga's property except for the personal property left to Nakamo, because the second document validated and amended the first document.