VA Bar Wills Trusts and Estates 5

Question 1

In Virginia, the general deadline for creditors to file claims against a decedent's estate is:

Accepted Answer

1 year from the date of death

Answer

Va. Code § 64.2-528 bars most creditor claims not filed within one year of the decedent's death.

Question 2

An executor named in a Virginia will obtains legal authority to act on behalf of the estate by:

Accepted Answer

Qualifying before the circuit court clerk or judge

Answer

Under Va. Code § 64.2-502, a named executor must qualify before the circuit court clerk to receive Letters Testamentary.

Question 3

A durable power of attorney in Virginia differs from a standard power of attorney primarily because it:

Accepted Answer

Remains effective notwithstanding the principal's subsequent incapacity

Answer

Under Va. Code § 64.2-1602, a power of attorney is durable if it contains language indicating it survives the principal's incapacity.

Question 4

Under Virginia's Health Care Decisions Act, an advance medical directive primarily allows a principal to:

Accepted Answer

Designate an agent to make healthcare decisions if the principal lacks decision-making capacity

Answer

Va. Code § 54.1-2983 permits individuals to designate an agent and/or state healthcare preferences through an advance directive that activates upon incapacity.

Question 5

Under Virginia law, which priority order governs payment of a decedent's debts by the personal representative?

Accepted Answer

Court costs, then family allowances, then funeral expenses, then taxes, then general creditors

Answer

Va. Code § 64.2-528 establishes a statutory priority order beginning with costs of administration and ending with general unsecured creditors.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Wills Trusts and Estates 5