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

Per stirpes (Latin for 'by the roots') means that if a beneficiary predeceases the testator, that beneficiary's share passes down to their lineal descendants in equal shares, rather than being redistributed among the surviving beneficiaries.

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

A holographic will is one written entirely in the testator's own handwriting and signed by the testator. In jurisdictions that recognize holographic wills, witness signatures are not required, which distinguishes it from a formally attested will.

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

Letters testamentary are official documents issued by the probate court upon admission of the will, granting the named executor (personal representative) the legal authority to collect assets, pay debts, and distribute the estate.

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

Ademption occurs when specifically bequeathed property has been sold, destroyed, or otherwise disposed of before the testator's death, causing that particular gift to fail. The beneficiary generally receives nothing in its place unless the will or statute provides otherwise.

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

A pour-over will acts as a safety net alongside a revocable living trust. Any assets the testator forgot to transfer into the trust during life are 'poured over' into the trust at death via the will, ensuring a unified administration and distribution plan.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

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