True False

Question 1

Signatures to a premarital (prenuptial) agreement must be notarized.

Answer 1

False – notarization is not required, but is, of course, recommended.

Question 2

All trusts are revocable until the settlor dies.

Answer 2

False – trusts can be established as “irrevocable” or “revocable.”

Question 3

Children are automatically entitled to share in the estates of their parents always.

Answer 3

False – parents may disinherit their children.

Question 4

Burning a will is an effective method of revocation under the Illinois Probate Act.

Answer 4

True – under 755 ILCS 5/4-7, a will may be revoked by “physical destruction.”

Question 5

In Illinois, a trust created for a domestic animal is automatically invalid.

Answer 5

False – under 760 ILCS 5/15.2, trusts may be created in favor of domestic or pet animals.

Question 6

Pension plans are usually the smallest asset in an estate

Answer 6

False – pension plans are usually the greatest asset in an estate.

Question 7

A spouse who is intentionally omitted from a will can renounce the will and claim an elective amount.

Answer 7

True

Question 8

It is appropriate to bequest property to “friends” without identifying the beneficiaries

Answer 8

False – under Clark v. Campbell, “friends” are not ascertainable beneficiaries because there is a lack of certainty in the identity of beneficiaries.

Question 9

In Illinois, no witnesses are required for a valid will.

Answer 9

False – Illinois requires witnesses.

Question 10

The Illinois slayer rule permits a daughter to take from her mother’s estate when the daughter’s husband is convicted of murdering his wife’s mother.

Answer 10

True – under In re Opalinksa, this disturbing outcome is apparently permissible.

Question 11

A resident of Chicago dies with homes in Illinois and in Florida, therefore ancillary probate occurs in Illinois.

Answer 11

False. Ancillary probate occurs in jurisdictions where real property is located but the decedent is not domiciled.

Question 12

When naming successor trustees or executors in a trust or will, a bank should always be named.

Answer 12

True. The last resort executor or trustee should be a bank in the case all other living executors or trustees are terminated or die.

Question 13

One way to ensure assets do not go to a spouse via intestacy is to divorce her before death.

Answer 13

True. A divorce disallows a former spouse from renouncing their share of an intestate estate.

Question 14

In the case of mistaken or ambiguous language in a will, the court will look to the plain meaning and construction of the will to effectuate the intent of the testator.

Answer 14

True. The court will look to the intended meaning of the plain language before considering extrinsic evidence of the decedent’s intent.

Question 15

To avoid abatement issues in disposing of a estate, it is wise to use whole numbers instead of percentages of an asset.

Answer 15

False. Since abatement happens when an estate has insufficient assets to pay debts and legacies, the use of numbers instead of percentages could result in the reduction or elimination of general devises.

Question 16

A holographic will, which is not recognized as a valid will in Illinois, would be effective if the holographic will were validly executed in a state that recognizes holographic wills.

Answer 16

True. A holographic will is effective in one state if the state the holographic will was executed in allows valid execution of a holographic will.

Question 17

Under the harmless error doctrine, if a man were on his way to his lawyer’s office to sign and effectuate his will but was killed while driving there, the doctrine would allow the will to be effectuated.

Answer 17

True. Harmless error doctrine treats a document as if it had been effectuated in compliance with the wills act where the decedent intended the document to be his will.

Question 18

At the direction of the testator, he orders his friend to light his will on fire so testator can watch it burn. This is a valid revocation.

Answer 18

True. This is a proper revocation by physical annihilation under the direction and presence of the testator.

Question 19

A loving couple in Illinois has lived together for many years. When one of them dies with no surviving family, the estate escheats to the state.

Answer 19

True. A spouse may take under the rules of intestacy only if they are married; the estate escheats to the state if there are no surviving spouses or family of the decedent.

Question 20

T creates a will which gifts $10,000 to “A’s children upon death,” where three children were alive when the will was made but two were alive upon death of the testator. Both of A’s surviving children receives 1/3 separately and the descendants of A’s dead child receives the other 1/3.

Answer 20

False. When a devise is made to a class but a member of the class predeceases the testator, the surviving members of the class divide the gift equally. Because the children are not A’s, antilapse does not apply. Each surviving child receives ½, or $5k, of the gift.

Question 21

All personal property goes through probate in the decedents domicile.

Answer 21

True

Question 22

Within Intestacy, if there is a surviving spouse but no descendant of the decedent, the surviving spouse is only entitled to ½ of the entire estate.

Answer 22

False

Question 23

All assets that were in the testators name at the time of death will go into a probate estate.

Answer 23

True

Question 24

Adopted children can receive inheritance from their natural parents once they are adopted.

Answer 24

False

Question 25

  In order for a posthumous child of a decedent to receive the same share of an estate similar to a child that had been born in the decedent’s life, the posthumous child shall have been in utero at the decedent’s death.

Answer 25

True

Question 26

In Illinois, it is acceptable to create a codicil of a will as long as the testator has signed the codicil, along with one other witness.

Answer 26

False

Question 27

Testator had Will A, but was discussing with the Lawyer that Testator wishes to revoke Will A. Testator dies. Will A is revoked because Testator wished to have it revoked.

Answer 27

False

Question 28

Testator has a will bequeathing property to his 2 daughters. Both daughters have one child. Daughter A dies. Daughter A’s child is now no longer eligible to receive the property.

Answer 28

False

Question 29

Trustee of a trust has a right to benefit from the trust, so long as it is not more than what the trustee would have received if he was a beneficiary of the trust.

Answer 29

False

Question 30

If an individual leaves a charitable trust, but the trust is found the be illegal, the court has the right to direct that application of the trust to another charitable organization.

Answer 30

True

Question 31

There is no exception for the generation skipping tax.

Answer 31

False; there is a $2M per decedent exemption

Question 32

The federal estate tax exemption is $5.450 million.

Answer 32

True

Question 33

Joint Tenancy with a right of survivorship is NOT probate property.

Answer 33

True; when the second joint tenant dies, the property is in an individual name and then must be probated.

Question 34

Payable on Death (P.O.D) and Transfer on Death (T.O.D) are probate property.

Answer 34

False; they are non-probate.

Question 35

Holographic wills are valid in Illinois.

Answer 35

False; holographic wills are not valid in Illinois.

Question 36

If a beneficiary kills the testator, and it was unjustifiable and intentional, then the beneficiary shall not receive the property.

Answer 36

True; ILCS 5/2-6: Person causing death.

Question 37

Inter vivos trusts may only be irrevocable trusts.

Answer 37

False; inter vivos trusts may be revocable or irrevocable.

Question 38

Executors are bound under the same fiduciary duties as trustees.

Answer 38

True

Question 39

Unmarried persons living together have some inheritance rights.

Answer 39

False; they have no inheritance rights.

Question 40

Individuals have vested rights in revocable trusts.

Answer 40

False; there are no vested rights in revocable trusts, only when the grantor dies and the trust becomes irrevocable do the rights become vested.

Question 41

Decedents estate is probated- where the decedent is domiciled.

Answer 41

True

Question 42

Any real estate that is held in a trust is considered personal property.

Answer 42

True

Question 43

Disclaimers have to be filed within 6 months after death.

Answer 43

False - 9 Months

Question 44

Conway v. Conway held that there does not need to be strict compliance with the statute.

Answer 44

True

Question 45

In order for any change in the will has to be signed by testator, but does not need to be witnessed by anyone.

Answer 45

(False, 2 witnesses are needed).

Question 46

In Illinois a trust for care of one or more designated domestic animals is valid.

Answer 46

True

Question 47

If one puts a different beneficiary on their life insurance policy and a different one in a will, the named beneficiaries on the actual life insurance policy will receive the policy benefits.

Answer 47

True

Question 48

In Illinois if you get a divorce, the former spouse is treated as pre-deceasing the testator.

Answer 48

True

Question 49

Grantor sets up a revocable inter-vivos trust, while the grantor is still alive, the beneficiary can see the trust.

Answer 49

(False, they have no vested interest).

Question 50

Duty of an executor is to safeguard the assets, having a fiduciary duty to the beneficiaries, and not to make too risky of investments.

Answer 50

(False, this is the duty of trustee).

Question 51

If someone has already put all his estate in a trust, then he would not need to have a will.

Answer 51

False

Question 52

If the testator expressly disinherits his or her spouse in the will, then the surviving spouse would have no way to get anything from the testator’s estate

Answer 52

False

Question 53

If a person dies insolvency, then his or her surviving spouse cannot get anything from the decedent’s estate.

Answer 53

False

Question 54

H and W have lived together for 25 years but have never got married. If H dies intestate, then W can inherit from intestate probate.

Answer 54

False

Question 55

Adopted children enjoy the same rights as descendants in terms of inheritance by intestacy.

Answer 55

True

Question 56

Setting up an inter vivos trust is a good way to avoid probate.

Answer 56

True

Question 57

A testator has no right to distribute posthumously acquired property rights.

Answer 57

True

Question 58

The law of where the testator dies governs the rule of probate.

Answer 58

False

Question 59

Inter vivos trust has an advantage if you want privacy.

Answer 59

True

Question 60

An insurance policy is not a probate estate.

Answer 60

True

Question 61

A property owner may exclude blood relatives.

Answer 61

True

Question 62

If a will does not name an executor, the named executor is unable or unwilling to serve, or the decedent dies intestate, the attorney general will name a personal representative.

Answer 62

False

Question 63

There is no privity between a drafting attorney and an intended beneficiary.

Answer 63

True

Question 64

An expectancy of an inheritance is not a legal interest because it cannot be transferred at law.

Answer 64

True

Question 65

There is a tax on gifts made between spouses.

Answer 65

False

Question 66

Under the doctrine of integration, all papers that are not present at the time of execution and are intended to be part of the will are treated as part of the will.

Answer 66

False

Question 67

By dividing up a limited pie among claimants of different priorities, abatement functions like bankruptcy.

Answer 67

True

Question 68

The trustee is held to a subjective standard of care and must administer the trust in a manner suited to the purpose of the trust and the needs of the beneficiaries.

Answer 68

False

Question 69

In Illinois, you can have a trust for an animal.

Answer 69

True

Question 70

More wealth passes by way of probate than by will substitutes

Answer 70

False

Question 71

A successor trustee is not liable for a breach of trust by a prior trustee, unless he/she unreasonably fails to rectify a prior breach or continues the breaching practice.

Answer 71

True

Question 72

Decanting is pouring over all the assets of one trust into another trust, and is an increasingly popular method of refreshing a trust that has become stale with the passage of time.

Answer 72

True

Question 73

In post-nuptial agreements, there is no need for consideration.

Answer 73

False – there is only no need for consideration in a pre-nuptial agreement

Question 74

A superwill is to allow the testator’s will to trump the beneficiary designations in all non-probate transfers

Answer 74

True

Question 75

A revocable trust avoids probate and allows the settlor to consolidate the disposition of all her property, probate and non-probate, under one instrument.

Answer 75

True

Question 76

The settlor’s power to revoke the trust and take back the trust property is regarded as equivalent to ownership and, hence, the trust property is subject to the claims of the settlor’s creditors during life and at death

Answer 76

True

Question 77

An inter vivos trust requires both witnesses, a notary, and a signature.

Answer 77

False – Requires just a signature

Question 78

If it’s an irrevocable trust, it’s not a gift.

Answer 78

False – it is a gift, because you cannot take it back, it’s irrevocable

Question 79

An inter vivos gift will be valid despite lack of manual delivery where manual delivery was impracticable and the donor took steps to transfer title that constitute constructive delivery.

Answer 79

True

Question 80

An oral declaration of a trust exists where the donor manifests an intention to impose upon herself enforceable duties of a trust nature. It is not enough that a donor express intent to be a donor.

Answer 80

True

Question 81

The rule against perpetuities is never applicable in the state of Illinois.

Answer 81

False

Question 82

The estate of an intestate decedent who is survived by a spouse and two children is divided among them in three equal parts.

Answer 82

False

Question 83

In the event that spouses die simultaneously, the law treats each as if he or she died after the other.

Answer 83

False

Question 84

In the state of Illinois, after-born children must have been in utero at the time of the decedent’s death to receive their share in intestacy.

Answer 84

True

Question 85

In Illinois, heirs cannot be compelled to repay any advancement to the estate, even in the event that the advancement was in excess of their proper share under the will or under intestacy.

Answer 85

True

Question 86

In Illinois, a criminal conviction is required for the “Slayer Statute” to apply.

Answer 86

False

Question 87

If an heir disclaims his inheritance, the property passes as though the heir predeceased the decedent.

Answer 87

True

Question 88

Unless there are sufficient other witnesses to comply with the statute, a witness who is also the beneficiary of a will may inherit nothing.

Answer 88

False

Question 89

Codicils require the same formalities in execution as wills do.

Answer 89

True

Question 90

Before a court will apply the doctrine of cy pres, it must first determine that the trust be one of general charitable intent.

Answer 90

True

Question 91

In Illinois, a lawyer cannot receive a fee for acting as an executor of an estate that he drafted the will for. 

Answer 91

True

Question 92

A will is presumed revoked when it cannot be found among a deceased person’s things. 

Answer 92

True

Question 93

Holographic wills are valid in Illinois.

Answer 93

False

Question 94

In Illinois, a witness to a will who also takes from that will where only one other witness has attested can only receive the lesser of his intestate share or his take from the will. 

Answer 94

True

Question 95

The state attorney general’s office is in charge of enforcing charitable trusts.

Answer 95

True

Question 96

An adopted child can inherit from his/her natural parents. 

Answer 96

False

Question 97

Attorney’s owe a duty of care to intended beneficiaries of the wills they draft

Answer 97

True

Question 98

A testator cannot impose restrictions on beneficiaries in regards to what religious affiliation the beneficiary can marry. 

Answer 98

False

Question 99

Creditors of a settlor may reach assets held in a revocable trust. 

Answer 99

True

Question 100

If a life insurance policy beneficiary is designated as one person in the policy and another person in the will, the person designated in the will will get the proceeds. 

Answer 100

False