FL Bar Wills, Trusts & Estates 3

Question 1

Under Florida law, if a decedent dies intestate leaving a surviving spouse and children from a prior relationship who are not descendants of the surviving spouse, the surviving spouse's intestate share is:

Accepted Answer

Half of the intestate estate

Answer

The entire intestate estate

Answer

One-third of the intestate estate

Answer

A life estate in all assets

Question 2

Under Florida constitutional and statutory law, if a decedent dies with a surviving spouse and lineal descendants, the homestead property descends as:

Accepted Answer

A life estate to the surviving spouse with vested remainder in the lineal descendants

Answer

Fee simple to the surviving spouse outright

Answer

Fee simple to the lineal descendants subject to the spouse's elective share

Answer

Fee simple to be divided equally between spouse and descendants

Question 3

A will is made self-proved under Florida Statutes §732.503 by:

Accepted Answer

Attaching a sworn affidavit of the testator and witnesses acknowledged before a notary at execution

Answer

Having the testator sign the will a second time before additional witnesses

Answer

Registering the original will with the circuit court probate division

Answer

Having a licensed attorney serve as one of the two required witnesses

Question 4

Under Florida Statutes §736.1002, a trustee who commits a breach of trust is liable to the beneficiaries for:

Accepted Answer

The greater of actual damages to restore the trust or profits the trustee gained from the breach

Answer

Only the actual out-of-pocket losses suffered by the beneficiaries

Answer

A statutory penalty of double the amount of trust assets affected

Answer

Punitive damages plus attorney's fees in all cases

Question 5

Under Florida Statutes §736.0813, a trustee's duty to inform and report runs to:

Accepted Answer

Qualified beneficiaries, who hold current, remainder, or contingent remainder interests

Answer

All persons who could ever benefit from the trust under any circumstance

Answer

Only beneficiaries who have requested an accounting in writing

Answer

The settlor and the settlor's heirs exclusively

Question 6

Under Florida law, a class gift (e.g., 'to my children') in a will generally closes and is construed to include:

Accepted Answer

All class members who are alive at the testator's death, including those born after will execution

Answer

Only class members who were alive when the will was executed

Answer

All persons ever born into the described class, including posthumous members

Answer

Only class members who are expressly named or described in the will

Question 7

Under Florida Statutes §733.601, the primary duty of a personal representative is to:

Accepted Answer

Collect assets, pay valid debts and taxes, and distribute the estate per the will or intestacy laws

Answer

Represent the estate's beneficiaries in all legal proceedings

Answer

Invest estate assets conservatively until the estate is closed

Answer

File annual accountings with the probate court for three years