Bar Exam Wills, Trusts & Estates Flashcards
6 cards from real Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
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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:
Answer: The entire intestate estate because all descendants are also descendants of the surviving spouse
Under the UPC, the surviving spouse takes the entire intestate estate when all of the decedent's descendants are also descendants of the surviving spouse.
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:
Answer: Their predeceased parent's share divided equally among them
Under per stirpes, the descendants of a predeceased heir step into the heir's place and divide that heir's share equally among themselves.
Under intestacy law, which of the following best describes an advancement?
Answer: A lifetime gift to an heir intended and documented as an advance on the heir's intestate share
An advancement is a lifetime gift to an heir intended to be charged against the heir's intestate share, reducing what the heir receives from the estate.
The primary purpose of a surviving spouse's statutory elective share is to:
Answer: Prevent the testator from disinheriting the surviving spouse entirely
The elective share is a statutory right that prevents a testator from completely disinheriting the surviving spouse by guaranteeing a minimum portion of the estate.
Under the UPC's augmented estate concept, the surviving spouse's elective share is calculated against:
Answer: The probate estate plus certain non-probate transfers made during the marriage to prevent evasion
The UPC augmented estate sweeps in non-probate transfers (joint tenancy, life insurance, revocable trusts) along with probate assets to prevent the decedent from defeating the elective share through lifetime transfers.
Under the UPC's intestacy rules, a half-blood sibling (sharing only one parent with the decedent) inherits:
Answer: Equally with whole-blood siblings of the same degree
The UPC abolishes the common law half-blood distinction, treating half-blood relatives of the same degree identically to whole-blood relatives in intestate succession.