CO Bar Wills Trusts and Estates 3

Question 1

In Colorado, the surviving spouse's elective share is calculated as a percentage of the augmented estate that increases with:

Accepted Answer

The length of the marriage

Answer

Colorado uses the UPC accrual approach, under which the elective-share percentage of the augmented estate increases with the length of the marriage up to 50 percent.

Question 2

A will devises 'my 100 shares of Acme stock to my nephew.' Before death, the testator sells the Acme stock. Under the doctrine of ademption, the nephew:

Accepted Answer

Takes nothing because the specific gift adeemed by extinction, absent a statutory exception

Answer

A specific devise fails by ademption when the property is not in the estate at death, unless a UPC replacement or nonademption exception applies.

Question 3

A testator's will leaves a gift to 'my brother Sam,' who predeceases the testator leaving two children. Under Colorado's antilapse statute, the gift:

Accepted Answer

Passes to Sam's two children as substitute takers

Answer

Colorado's antilapse statute substitutes the descendants of a predeceased devisee who was a grandparent, descendant of a grandparent, or stepchild of the testator.

Question 4

Under Colorado law, an heir must survive the decedent by how long to take by intestate succession?

Accepted Answer

120 hours

Answer

Colorado's UPC-based statute requires an heir to survive the decedent by 120 hours, established by clear and convincing evidence.

Question 5

A Colorado testator writes 'I leave my car to John' on a signed, handwritten note after executing a formal will, intending it to modify the will. This note is best treated as:

Accepted Answer

A valid holographic codicil

Answer

Because Colorado recognizes holographic instruments, a signed handwritten document with testamentary intent can operate as a holographic codicil.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Wills Trusts and Estates 3