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 1. ANS: F 2. ANS: E 3. ANS: J 4. ANS: I 5. ANS: C 6. ANS: H 7. ANS: D 8. ANS: A 9. ANS: G 10. ANS: B TRUE/FALSE 1. A safe deposit box in the name of the testator is the preferred choice for storage of the will. ANS: F False Correct. The bank generally seals the box upon notice of the decedent’s passing. True Incorrect. A safe deposit box makes the will less accessible and may delay probate proceedings. 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. ANS: T True Correct. The document also gives the agent the right to select the health care facility for the principal. False Incorrect. The document also gives the agent the right to employ and discharge health care personnel. 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. ANS: T True Correct. Information about the patient’s right to make decisions about life-sustaining treatment must also be provided. False Incorrect. Health care providers must enable a patient to provide informed consent. 4. The United States Supreme Court has ruled that a constitutional right to die exists. ANS: T True Correct. The United States Supreme Court ruled that a competent person can refuse medical treatment if his/her wishes are known and clear. False Incorrect. This ruling was made in Cruzan v. Director, Missouri Dept. of Health. 5. Some states allow an option for self-proving a will. ANS: T True Correct. Self-proving wills do not require the witnesses to testify in court. False Incorrect. The testator and witnesses can sign in the presence of a notary public in some states. 6. The testimonium clause generally introduces new information. ANS: F False Correct. The clause states that the will has been freely signed. True Incorrect. In most situations, this clause merely repeats what was stated in the opening paragraph. 7. A delay clause is used to prevent an estate from being taxed twice in the event of simultaneous death. ANS: T True Correct. If the beneficiary does not survive for 120 hours, the beneficiary does not receive the property. False Incorrect. A person must generally live for five days after the decedent to be a surviving beneficiary. 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. ANS: F False Correct. A natural parent cannot usually be denied custody. True Incorrect. The surviving parent will usually receive custody unless he/she is proven unfit. 9. A decedent’s wish to donate his/her body to science will be denied if the nearest relatives object. ANS: F False Correct. Any person 18 or older may also donate organs via a donor card. True Incorrect. The Uniform Anatomical Gift Act provides for the donation of any or all body parts. 10. In most states, a prior will is automatically revoked when the testator writes, dates, and signs a new will. ANS: T True Correct. A revocation clause helps ensure the revocation of previous wills. False Incorrect. Only a few states require the inclusion of a general revocation clause. 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 ANS: D Power of attorney Correct. Power of attorney is a separate written document. Specific testamentary gifts Incorrect. Specific testamentary gifts dictate how individual assets will be distributed. Provision for residue of estate Incorrect. This provision directs the disposal of the remainder of the assets after debts and gifts have been satisfied. Testator’s signature Incorrect. The signature of the testator is required for a valid will. 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 ANS: C Letter of instructions Correct. The letter of instructions explains where the will and important records can be found. General revocation clause Incorrect. This clause revokes any and all previous wills. Appointment of personal representative Incorrect. This appointment dictates the testator’s choice for the person who will perform the fiduciary duties of managing the estate. Appointment of personal and/or property guardian Incorrect. This appointment dictates whom the testator has chosen to care for his/her minor or incompetent children. 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 ANS: A Identity of the attorney Correct. The exordium clause declares the identity of the testator. The testator’s intent and capacity to create a will Incorrect. The testator’s intent and capacity are important introductory information. The testator’s intent to make this document the last will Incorrect. The general revocation clause revokes all previous wills. The location of the testator’s principal residence or domicile Incorrect. Location information helps the personal representative determine which state has the authority to tax the testator’s property. 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 ANS: B Stepchild Correct. A separate provision is required to include stepchildren. Natural, marital child Incorrect. A natural, marital child is generally assumed to be the decedent’s child. Nonmarital child Incorrect. A nonmarital child is a blood relative of the decedent. Adopted child Incorrect. A person adopted by the decedent is legally his/her 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 ANS: A Appointment of personal and/or property guardian Correct. Unless found to be unfit, a single parent cannot exclude the other natural parent. Testamentary trust clause Incorrect. This clause creates a trust to pay for the care of the children. Testimonium clause Incorrect. This clause states that the testator freely signs the will. Provision for residue of estate Incorrect. This provision transfers the remainder of the estate that has not been given specifically to beneficiaries. 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 ANS: C Instructions for funeral and burial Correct. Unlike the will, copies of the letter of instructions go to family members. Exordium clause Incorrect. This clause is the beginning of the will. Provision for payment of debts and funeral expenses Incorrect. This provision generally directs the personal representative to pay all debts with estate funds. Specific testamentary gifts clause Incorrect. The specific testamentary gifts clause identifies what property goes to whom. 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 ANS: B Power of attorney Correct. The principal grants power of attorney to the agent or attorney in fact. Living will Incorrect. Living wills are the instructions that govern life-sustaining treatment for terminal conditions. Letter of instructions Incorrect. The letter of instructions explains where the will and important assets are located.