CLA/CP Exam CLA/CP Estate Planning and Probate Questions and Answers 3

Question 1

Which doctrine prevents a beneficiary who unlawfully caused the decedent's death from inheriting under the will?

Accepted Answer

Slayer rule

Answer

The slayer rule bars a person who feloniously and intentionally kills the decedent from receiving any benefit from the decedent's estate.

Question 2

What happens to a specific bequest when the property identified in the will is no longer part of the estate at the time of death?

Accepted Answer

The bequest is adeemed

Answer

Ademption by extinction occurs when specifically bequeathed property is no longer in the testator's estate at death, causing the gift to fail.

Question 3

Which type of probate proceeding is typically available for estates below a certain value threshold and involves simplified procedures?

Accepted Answer

Summary administration

Answer

Summary administration is a simplified probate process available for small estates that fall below a state-specified value threshold.

Question 4

What is the purpose of a self-proving affidavit attached to a will?

Accepted Answer

To eliminate the need for witnesses to testify in court during probate

Answer

A self-proving affidavit contains sworn statements from the witnesses, eliminating the need for them to appear in court to validate the will during probate.

Question 5

In estate planning, what is a qualified terminable interest property (QTIP) trust primarily used for?

Accepted Answer

To provide for a surviving spouse while controlling the ultimate distribution of assets

Answer

A QTIP trust provides income to the surviving spouse for life while allowing the grantor to control who receives the remaining assets after the spouse's death.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam CLA/CP Estate Planning and Probate Questions and Answers 3