CLA/CP Exam CLA/CP Estate Planning and Probate 1

Question 1

In estate distribution, what does the term 'per stirpes' mean?

Accepted Answer

A deceased beneficiary's share passes proportionally to their descendants

Answer

Each surviving beneficiary receives an equal share of the entire estate

Answer

The estate is divided equally among all heirs alive at the time of distribution

Answer

Distribution priority is determined by the age of each beneficiary

Question 2

Which of the following is a distinguishing characteristic of a holographic will?

Accepted Answer

It is entirely handwritten and signed by the testator, with no witness requirement in states that recognize it

Answer

It must be witnessed by two disinterested parties and notarized

Answer

It is executed in the presence of an attorney to ensure validity

Answer

It requires advance court approval before it takes effect

Question 3

What are 'letters testamentary' in the probate process?

Accepted Answer

Court-issued documents that authorize the personal representative to act on behalf of the decedent's estate

Answer

Written personal instructions the testator leaves for family members alongside the will

Answer

Formal creditor notices required to be published in a local newspaper

Answer

Legal instruments used to formally revoke a previously executed will

Question 4

What is the doctrine of 'ademption' in estate law?

Accepted Answer

The failure of a specific bequest because the bequeathed property no longer exists in the testator's estate at death

Answer

The court-ordered reduction of all bequests when the estate cannot satisfy every legacy in full

Answer

The automatic transfer of property into a living trust upon the testator's incapacity

Answer

The surviving spouse's statutory right to elect against the will and claim a share of the estate

Question 5

What is the primary function of a pour-over will?

Accepted Answer

To direct that any assets outside the trust at the testator's death be transferred into a pre-existing revocable living trust

Answer

To distribute all probate assets equally among the testator's surviving heirs at law

Answer

To appoint a guardian and conservator for any minor children of the testator

Answer

To create a brand-new testamentary trust funded entirely through the probate process

Question 6

Which of the following is NOT one of the traditional four elements required to establish testamentary capacity?

Accepted Answer

Obtaining written approval of the will's terms from the primary beneficiaries

Answer

Understanding the nature and consequences of making a will

Answer

Knowing the nature and approximate extent of one's property

Answer

Recognizing the natural objects of one's bounty, such as close family members