Bar Exam Bar Exam Wills, Trusts & Estates 3

Question 1

A decedent dies intestate leaving a surviving spouse and two adult children who are also the children of the surviving spouse. Under the UPC, the surviving spouse receives:

Accepted Answer

The entire intestate estate because all descendants are also descendants of the surviving spouse

Answer

One-third of the intestate estate, with the remainder split between the children

Answer

One-half of the intestate estate

Answer

Nothing if the decedent's children oppose the spousal share

Question 2

Under per stirpes representation, if a predeceased child of the decedent had three children of their own (grandchildren of the decedent), those grandchildren collectively take:

Accepted Answer

Their predeceased parent's share divided equally among them

Answer

An equal individual share alongside the decedent's surviving children

Answer

One-third of the total estate regardless of how many other heirs there are

Answer

Nothing because their parent predeceased the decedent

Question 3

Under intestacy law, which of the following best describes an advancement?

Accepted Answer

A lifetime gift to an heir intended and documented as an advance on the heir's intestate share

Answer

A gift made to a stranger shortly before the decedent's death

Answer

A testamentary bequest paid out before the estate is formally closed

Answer

A formal renunciation by the heir of their entire intestate share

Question 4

The primary purpose of a surviving spouse's statutory elective share is to:

Accepted Answer

Prevent the testator from disinheriting the surviving spouse entirely

Answer

Reward the surviving spouse for contributions to the marital household

Answer

Ensure the decedent's children receive their inheritance through the surviving spouse

Answer

Convert the decedent's separate property into marital community property

Question 5

Under the UPC's augmented estate concept, the surviving spouse's elective share is calculated against:

Accepted Answer

The probate estate plus certain non-probate transfers made during the marriage to prevent evasion

Answer

Only the probate assets the decedent owned at death

Answer

Only property the couple acquired together during the marriage

Answer

The surviving spouse's own assets combined with the decedent's probate estate

Question 6

Under the UPC's intestacy rules, a half-blood sibling (sharing only one parent with the decedent) inherits:

Accepted Answer

Equally with whole-blood siblings of the same degree

Answer

Nothing — the UPC excludes half-blood relatives from intestate succession

Answer

Half as much as a whole-blood sibling of the same degree

Answer

Only if there are no whole-blood siblings surviving the decedent