Wills, Trusts, and Estate Administration Part A: Answer each of the following questions in one or two paragraphs. Each answer is worth 20 points.
- Define Consanguinity and describe the differences between lineal and collateral consanguinity.
- Roger is the decedent. Mary Is Roger’s wife. Timothy and Ellie are Roger and Mary’s children. Dana is Rogers’s mother. Kevin Is Roger’s father. Brian and Debbie are Roger’s siblings. Carol is Debbie’s daughter. Angie is Kevin’s sister. Logan is Dana’s brother. Charlie is Elle’s son. Diagram a relationship chart. Indicate each person’s relationship to the decedent (for example. lineal descendant).
- Denise’s father, James, has died Intestate. Denise’s mother, Belinda, is very ill (hospitalized). Also surviving James, are his daughter, Elizabeth; his son, Fred: his sister, Tracy: and his brother, Curtis. Talk Denise through the steps shell need to take before the court appoints a personal representative.
Wills, Trusts, and Estate Administration Part B: Answer each of the following questions in one to five sentences. Each answer is worth four points.
- Explain why a testator might want to create a revocable Living trust or a testamentary trust for a child.
- Briefly explain when a bond may be required or the personal representative.
- Throughout your text, ethical considerations and issues have been stressed. What do you think is the most pivotal ethical concern for a practicing paralegal, and why?
- Carol and Jeff have a son, Michael. Carol and Jeff get divorced. Carol marries Ben. Carol and Ben have two children, Betty and Jacob. Carol and Ban die. Several years later, Betty dies intestate, survived only by Jacob and her half-brother Michael. How does Betty’s intestate estate pass? Explain.
- “I, Thomas Treating, presently residing at 123 Elm, In the City of Faure, County of Palo Pinto and State of North Dakota, being of sound and disposing mind and memory do hereby make, publish and declare this to be my Last Will and Testament.” This is an example of what type of clause? Explain the purpose of this clause.
- Explain the three methods by which a will may be revoked.
- Explain the difference between a secured and unsecured creditor Give an example of each.
- Allen creates a trust and names Betty and Cassie as beneficiaries. The trust property is $250.000 Allen’s accountant, Amy, Is the trustee. The trust is in writing. Allen reserves all powers to administer the trust for himself and Intends to transfer the duties to Amy later. Is a trust created? Explain
- Write an attestation clause. Explain its purpose.
- Bill and Anne are married. If they want to ensure that their home conveys to the surviving spouse without probate if one dies, what is the best method of homeownership for them? Explain.