Question 1

A statement by the witnesses in a will that they have attested and subscribed the testator's signature
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

The statement by witnesses in a will that they have attested and subscribed the testator's signature is called an attestation clause.

Question 2

The beginning or introductory clause of a will
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

The exordium clause is the beginning or introductory clause of a will, which sets forth the identity of the testator, their domicile, and their intention to make a will.

Question 3

A statement in a will that disposes of the remaining assets of the decedent's estate after all debts and gifts in the will are satisfied
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

A residuary clause in a will specifies who will receive the decedent's remaining assets after all debts and gifts in the will are satisfied. It ensures that all remaining property is distributed according to the decedent's wishes.

Question 4

In most states,a prior will is automatically revoked when the testator writes,dates,and signs a new will.

Accepted Answer

This is known as revocation by subsequent will, and it is a common law principle in most states.

Question 5

The guardian and manager of property left to minor or incompetent children
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

A conservator is appointed by a court to manage the property of a minor or incompetent person. The conservatorship is established to ensure that the person's assets are protected and used for their best interest.

Question 6

A surviving natural parent will usually be denied custody of a child if the decedent was the custodial parent and named another person to be appointed as guardian.

Accepted Answer

The wishes of the decedent, while considered, do not automatically override the rights of the surviving natural parent to custody. Courts typically prioritize the best interest of the child, which often favors the biological parent unless there are compelling reasons not to, such as unfitness or inability to care for the child.

Question 7

Some states allow an option for self-proving a will.

Accepted Answer

Self-proving a will is an option in some states where witnesses sign an affidavit confirming that the testator (the person making the will) signed the document in their presence and appeared to be of sound mind and under no duress. This can help avoid the need for witnesses to testify in court during the probate process.

Question 8

A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

The answer of A requirement of most states that a...

Question 9

A decedent's wish to donate his or her body to science will be denied if the nearest relatives object.

Accepted Answer

The answer of A decedent's wish to donate his or...

Question 10

A safe deposit box in the name of the testator is the preferred choice for storage of the will.

Accepted Answer

Storing a will in a safe deposit box can sometimes create complications because after the testator's death, access to the safe deposit box can be restricted, making it difficult for the executor or family members to retrieve the will without a court order.

Question 11

A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another,usually the testator's spouse
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

The described clause is a simultaneous death clause, which addresses the situation where it cannot be determined who died first between the testator and another beneficiary, typically a spouse. It determines the distribution of property as if the testator survived the other.

Question 12

The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

A springing power of attorney is triggered by the occurrence of a specified anticipated event, such as the principal becoming incapacitated. The agent only has the authority to act on behalf of the principal once the triggering event occurs. This is in contrast to a nondurable power of attorney, which takes effect immediately and is typically terminated when the principal becomes incapacitated.

Question 13

A person who directs an agent to act for the principal's benefit subject to the principal's direction and control
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

The term "principal" refers to a person who directs an agent to act for their benefit subject to their direction and control.

Question 14

The Patient Self-Determination Act requires health care providers who work with Medicaid and Medicare to provide each patient or authorized surrogate written information about the patient's right to be informed,upon admission by the health care facility,of policies that concern patients' rights.

Accepted Answer

The statement accurately describes the Patient Self-Determination Act.

Question 15

The testimonium clause generally introduces new information.

Accepted Answer

The testimonium clause typically confirms or attests to the information or actions previously described in a document, rather than introducing new information.

Question 16

The durable power of attorney for health care document gives the designated agent the right to obtain and disclose the principal's medical records.

Accepted Answer

This is true, as one of the responsibilities of the designated agent under the durable power of attorney for health care document is to make medical decisions on behalf of the principal, which includes accessing medical records.

Question 17

The United States Supreme Court has ruled that a constitutional right to die exists.

Accepted Answer

In the case of Washington v. Glucksberg (1997), the Supreme Court ruled that there is no constitutional right to physician-assisted suicide. However, the Court did acknowledge that the Constitution does protect a right to refuse medical treatment, including life-sustaining treatment.

Question 18

The authority of a person to act on behalf of the principal that ends when a specified event occurs
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

Nondurable power of attorney is designed to give someone authority to act on your behalf for a limited time or under specific circumstances, and it ends when a specified event occurs, such as the principal becoming incapacitated.

Question 19

The authority of a person appointed by a patient to make decisions about his or her medical care when he or she becomes incapacitated and unable to make such decisions
A) exordium clause
B) residuary clause
C) conservator
D) delay clause
E) simultaneous death clause
F) principal
G) attestation clause
H) medical power of attorney
I) nondurable power of attorney
J) springing power of attorney

Accepted Answer

A medical power of attorney is a legal document that allows a person to appoint someone else to make healthcare decisions on their behalf if they become incapacitated.

Question 20

A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death.

Accepted Answer

The answer of A delay clause is used to prevent...

Quiz 7: Final Draft and Execution of a Valid Will

A statement by the witnesses in a will that they have attested and subscribed the testator's signature

The beginning or introductory clause of a will

A statement in a will that disposes of the remaining assets of the decedent's estate after all debts and gifts in the will are satisfied

In most states,a prior will is automatically revoked when the testator writes,dates,and signs a new will.

The guardian and manager of property left to minor or incompetent children

A surviving natural parent will usually be denied custody of a child if the decedent was the custodial parent and named another person to be appointed as guardian.

Some states allow an option for self-proving a will.

A requirement of most states that a person must survive the first decedent by at least 120 hours to qualify as a surviving beneficiary

A decedent's wish to donate his or her body to science will be denied if the nearest relatives object.

A safe deposit box in the name of the testator is the preferred choice for storage of the will.

A statement in a will that determines the distribution of property in the event there is no evidence as to the priority of time of death of the testator and another,usually the testator's spouse

The authority of a person to act on behalf of the principal that is triggered by the occurrence of a specified anticipated event

A person who directs an agent to act for the principal's benefit subject to the principal's direction and control

The Patient Self-Determination Act requires health care providers who work with Medicaid and Medicare to provide each patient or authorized surrogate written information about the patient's right to be informed,upon admission by the health care facility,of policies that concern patients' rights.

The testimonium clause generally introduces new information.

The durable power of attorney for health care document gives the designated agent the right to obtain and disclose the principal's medical records.

The United States Supreme Court has ruled that a constitutional right to die exists.

The authority of a person to act on behalf of the principal that ends when a specified event occurs

The authority of a person appointed by a patient to make decisions about his or her medical care when he or she becomes incapacitated and unable to make such decisions

A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death.