Chapter 6: Final Draft and Execution of a Valid Will

CHAPTER 6: FINAL DRAFT AND EXECUTION OF A VALID WILL

MATCHING 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 1. A person who directs an agent to act for the principal’s benefit subject to the principal’s direction and control

2. 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

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

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

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

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

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

8. The beginning or introductory clause of a will

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

10. 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

TRUE/FALSE 1. A safe deposit box in the name of the testator is the preferred choice for storage of the will.

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

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

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

6. The testimonium clause generally introduces new information.

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

8. 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.

9. A decedent’s wish to donate his/her body to science will be denied if the nearest relatives object.

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

MULTIPLE CHOICE 1. Which is NOT a standard clause or provision of a will? a. Specific testamentary gifts b. Provision for residue of estate c. Testator’s signature d. Power of attorney

2. Which is related to, but NOT part of, a standard will? a. General revocation clause b. Appointment of personal representative c. Letter of instructions d. Appointment of personal and/or property guardian

3. The purpose of the exordium clause is to declare to the public all of the following EXCEPT: a. Identity of the attorney b. The testator’s intent and capacity to create a will c. The testator’s intent to make this document the last will d. The location of the testator’s principal residence or domicile

4. Which person is generally NOT automatically covered when the term children is used in a will? a. Natural, marital child b. Stepchild c. Nonmarital child d. Adopted child

5. Which part of a will names the person whom the testator wishes to care for his/her children in the event of the testator’s death? a. Appointment of personal and/or property guardian b. Testamentary trust clause c. Testimonium clause d. Provision for residue of estate 6. A Letter of instructions is preferred to include which clause? a. Exordium clause b. Provision for payment of debts and funeral expenses c. Instructions for funeral and burial d. Specific testamentary gifts clause 7. Which grants another person the right to act legally on behalf of the person who authorizes and grants the power? a. Living will b. Power of attorney c. Letter of instructions d. Self-proving affidavit 8. Which is the LEAST desirable place for a will to be kept? a. With the testator b. In the lawyer’s office vault c. With the clerk of the appropriate probate court d. In a safety deposit box 9. What is the first priority in drafting a will under an attorney’s supervision? a. Understanding the client’s objectives b. Reviewing the selected draft with the client c. Gathering data from the client d. Analyzing the information 10. Which is NOT an example of a specific testamentary gift? a. Devise b. Bequest c. Legacy d. Memorandum