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Exam 52: Wills and Trusts

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Question 31

Multiple Choice

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A testator wrote a will under circumstances in which a person the testator trusted took advantage of the testator's weak physical or emotional condition to persuade the testator to write the will in a particular way,thus the will was made with ________.

A) Fraud
B) Undue influence
C) Negligence
D) Misinformation
E) Recklessness

F) B) and C)
G) A) and D)

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Question 32

Multiple Choice

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What is the rationale behind the principle that a witness does not have to sign or witness the testator sign a holographic will?

A) The testator had ample time to consider the consequences of creating the will.
B) Witnesses are required to sign and witness the testator signing a holographic will.
C) The writing is better evidence of the testator's state of mind.
D) It is unnecessary and inconvenient to involve other parties if the will is created by the testator.
E) When the entire will is in the testator's handwriting,it lessens the chance of fraud or forgery.

F) None of the above
G) B) and C)

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Question 33

True/False

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In order to determine death,surgeons in the U.S.use a heart-lung standard rather than a brain-death standard.

A person may revoke a will by physically destroying it.

Who will be the primary beneficiary of Mark's estate,Karen or John?

[Secretary Visits] Kara wrote a will leaving half of her assets to her husband,Troy,and half to her adult daughter from a previous marriage,Madison.Kara,however,found out that Troy had been spending a lot of time with his secretary,Lucy.Angrily,Kara typed on a new piece of paper that she stapled to her will,"You skunk,Troy,you take nothing.Madison gets it all." She then signed her name.Kara then took the will to her best friend,Adriana,who signed as a witness verifying that Kara meant for Troy to take nothing.Kara was struck by lightning a few days later and died.Troy told Madison that the revision to the will meant nothing because,for one thing,it was not prepared by a lawyer. -What document is executed to change a will?

The amount a surviving spouse inherits when a spouse dies intestate is determined by state law,which varies from state to state.

Which of the following is the proper term for canceling a will?

The Uniform Anatomical Gifts Act UAGA)provides that any individual age 21 or older may give all or any part of his or her body to a donee on death so long as the closest surviving next-of-kin does not object.

________ is the process of settling an estate.

When it is said that a person dies ,it means that he or she died without a will.

A living will is a document by which a person expresses his or her wishes regarding medical treatment desired if an accident or illness prevents him or her from participating in medical decisions.

What was the effect of Samuel's statement that Keisha should take everything,assuming he was of sound mind?

Distribution ________ means distributing an estate by class or representation.

As set forth in the text,for what two reasons are wills usually contested?

A ________ is a person who creates a trust.

An) ________ is a written document executed when the principal is in good mental health that allows an agent to make medical decisions for the principal at some later date when the principal can no longer make decisions.

is a uniform law proposed by the National Conference of Commissioners on Uniform State Laws that provides guidance in the area of estate planning?

What type of trust did Jasmine set up to encourage her family members to go to school or work?

Calvin's only daughter,Bianca,married Jeremy,a young man that Calvin intensely disliked.Calvin believes that Bianca and Jeremy will divorce,but perhaps not before Calvin's death.Calvin would like to prevent Jeremy from obtaining any stock in Calvin's company.What should Calvin consider?