CLA/CP Estate Planning and Probate Questions and Answers

Question 1

John passes away without leaving a valid will. His property will be distributed according to state law. What is the legal term for dying without a will?

Accepted Answer

Intestate

Answer

Testate

Answer

Escheat

Answer

Ademption

Question 2

In her will, Mary names her brother, David, to manage her estate, pay her final debts, and distribute her assets according to the will's instructions. What is David's official legal title?

Accepted Answer

Executor

Answer

Trustee

Answer

Beneficiary

Answer

Administrator

Question 3

A client wishes to create a legal document that designates an agent to make medical decisions for them only when they are unable to make those decisions themselves. Which of the following documents would a paralegal assist an attorney in drafting to accomplish this?

Accepted Answer

Durable Power of Attorney for Health Care

Answer

Revocable Living Trust

Answer

Last Will and Testament

Answer

General Power of Attorney

Question 4

A primary goal for a client in their estate plan is to ensure their major assets, such as their home and investment accounts, pass directly to their children without undergoing the time-consuming and public process of probate. Which estate planning tool is most commonly used to achieve this?

Accepted Answer

A revocable living trust

Answer

A holographic will

Answer

A durable power of attorney

Answer

A simple will with a testamentary trust

Question 5

In many jurisdictions that recognize them, what is the most critical requirement for a holographic will to be deemed valid?

Accepted Answer

The material provisions must be in the testator's handwriting.

Answer

It must be signed by two disinterested witnesses.

Answer

It must be notarized by a public official.

Answer

It must be filed with the county clerk before the testator's death.

Question 6

During the administration of a decedent's estate, the executor must pay all valid claims and debts before distributing assets to the beneficiaries. According to the general order of priority, which of the following would typically be paid first?

Accepted Answer

Funeral expenses and costs of administration

Answer

Credit card debts

Answer

Unsecured personal loans

Answer

Bequests to beneficiaries named in the will