Wills, Trusts & Estates Flashcards
7 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Wills, Trusts & Estates flashcards as text
Under Florida's Uniform Trust Code (§736.0402), which elements are required to create a valid express trust?
Answer: Intent to create a trust, ascertainable beneficiaries, and identifiable trust property
Florida Statutes §736.0402 requires the settlor's intent, ascertainable beneficiaries, and identifiable trust property (res) to create a valid express trust.
Under Florida law, a revocable trust generally becomes irrevocable:
Answer: Upon the death of the settlor
A revocable trust remains subject to amendment or revocation during the settlor's lifetime and becomes irrevocable upon the settlor's death.
Florida Statutes §736.0802 imposes a duty of loyalty on a trustee, requiring the trustee to:
Answer: Administer the trust solely in the interest of the beneficiaries
The duty of loyalty under §736.0802 requires the trustee to administer the trust solely in the interest of the beneficiaries, avoiding conflicts of interest.
Under Florida's anti-lapse statute (§732.603), if a predeceased will beneficiary was a grandparent or a descendant of a grandparent of the testator, the gift:
Answer: Passes to the beneficiary's descendants by representation
§732.603 provides that if the predeceased beneficiary is a grandparent or descendant of a grandparent of the testator, the gift passes to the beneficiary's descendants rather than lapsing.
Under Florida's Slayer Statute (§732.802), a person who feloniously and intentionally kills the decedent is:
Answer: Barred from inheriting any property or benefit from the decedent's estate
§732.802 bars a killer from acquiring any interest in or benefit from the estate, trust, or other property of the person killed.
Under Florida Statutes §733.702, a known creditor who is served with written notice of administration must file a claim within:
Answer: 30 days after service of the written notice
§733.702(1)(b) requires a known or reasonably ascertainable creditor served with written notice to file a claim within 30 days after service of that notice.
Under Florida Statutes §733.710, what is the absolute deadline for filing claims against a decedent's estate, regardless of notice or publication?
Answer: 2 years from the date of death
§733.710 provides that all claims are barred if not filed within 2 years from the decedent's date of death, regardless of whether notice was published or served.