Free MA Bar Trusts and Estates Questions and Answers — Questions and Answers
Question 1: Which of the following is required for a valid will in Massachusetts?
- The testator must be at least 18 years old. (Correct answer)
- The will must be handwritten.
- The will must be notarized.
- The will must be signed by at least three witnesses.
Correct answer: The testator must be at least 18 years old.
For a will to be legally valid in Massachusetts, the testator (the person making the will) must possess testamentary capacity, which includes meeting a minimum age requirement. Under Massachusetts law, the testator must be at least 18 years old. This ensures that the individual is considered an adult with the legal capacity to make important decisions regarding the distribution of their estate.
Question 2: What is the legal effect if a Massachusetts resident dies intestate (without a will)?
- The estate is automatically forfeited to the state.
- The estate is distributed according to the Massachusetts laws of intestacy. (Correct answer)
- The estate is distributed according to federal intestacy laws.
- The surviving spouse inherits everything regardless of other heirs.
Correct answer: The estate is distributed according to the Massachusetts laws of intestacy.
When a Massachusetts resident dies intestate, meaning without a valid will, their estate is not forfeited or distributed arbitrarily. Instead, the distribution of the estate is strictly governed by the Massachusetts laws of intestacy. These statutes provide a default plan for how property passes to surviving heirs, typically prioritizing the surviving spouse, children, and other close relatives according to a predetermined hierarchy.
Question 3: Which of the following best describes a "per stirpes" distribution under Massachusetts law?
- Equal distribution among all descendants regardless of generation.
- Distribution equally among the surviving spouse and all children.
- Distribution by branch, with descendants of a deceased heir receiving that heir's share. (Correct answer)
- Distribution entirely to the surviving spouse if there are no children.
Correct answer: Distribution by branch, with descendants of a deceased heir receiving that heir's share.
Under Massachusetts law, 'per stirpes' is a method of distributing an estate that ensures fairness across generational lines. It means distribution by branch, where the descendants of a deceased heir collectively receive the share that their ancestor would have inherited if they had been alive. This method maintains the original intent of the testator or the statutory scheme by preserving the deceased's share for their direct lineage.
Question 4: In Massachusetts, what is the elective share for a surviving spouse if the decedent left no children or descendants?
- 1/4 of the estate
- 1/3 of the estate
- 1/2 of the estate
- The entire estate (Correct answer)
Correct answer: The entire estate
Massachusetts law provides for a surviving spouse's elective share, which allows them to claim a portion of the decedent's estate even if the will provides less. If the decedent leaves no children or descendants, the surviving spouse's elective share under Massachusetts law is the entire estate. This provision protects the surviving spouse's financial security in the absence of other direct heirs.
Question 5: Which of the following can revoke a previously valid will in Massachusetts?
- The testator writes a letter indicating a change of mind.
- The testator's spouse predeceases them.
- The testator physically destroys the will with intent to revoke it. (Correct answer)
- The testator loses the original will
Correct answer: The testator physically destroys the will with intent to revoke it.
A valid will in Massachusetts can be revoked through various legal methods, demonstrating the testator's clear intent to nullify the previous document. One common and effective method is for the testator to physically destroy the will, such as by tearing, burning, or obliterating it, with the specific intent to revoke it. Both the physical act and the intent to revoke are necessary for this method to be legally effective.
Free MA Bar Trusts and Estates Questions and Answers
Which of the following is required for a valid will in Massachusetts?