Estate Final UVU Flashcards _ Quizlet
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Jun 18, 2024
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Estate Final UVU
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Although he has a vast fortune, Ricky has
decided not to prepare an estate plan
because
he believes that his surviving family members
will divide up his assets appropriately. Which
of the following is not a risk associated with
failing to plan an estate?
A. Ricky's estate could incur excessive
transfer taxes.
B. Ricky's favorite Corvette may not be
transferred to his ex-wife, Carla.
C. Ricky's insurance policy on his own life
may not be paid out to the named
beneficiary.
D. Ricky's current wife, Lucille, may not
provide for Ricky's children from a
previous marriage.
The correct answer is c.
The proceeds of insurance policies with named beneficiaries pass outside of probate
via state contract law. Ricky's failure to plan his estate will not affect his insurance
policy.
Estate Final UVU
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You are opening a new financial planning
practice and you would like to put together
a
team of experts to help your clients. Which
of the following groups represents the best
team to help your clients?
A. Financial planner, CPA, and attorney.
B. CPA, psychiatrist, and insurance salesman.
C. Financial planner, attorney, and real estate
agent.
D. Attorney, insurance salesman, and IRS
agent.
The correct answer is a.
The best team for your client would include a financial planner, CPA, and attorney. A
licensed insurance specialist is also a good asset to an estate planning team, but the
team described in option b is not as good of a team overall as the team in option a.
You are a financial planner and you are
preparing for a meeting with your new client,
Anne. What would you be most likely to ask
Anne to bring to the meeting with her?
A. Pictures of her children.
B. Her parents.
C. Any will.
D. Sales records for her ex-husband's
business.
The correct answer is c.
You would be most likely to ask Anne to bring any will with her. In addition, you would
be
likely to request copies of any other estate planning documents as well as tax
documents.
Elizabeth, who is not a licensed attorney,
recently started her own financial planning
practice. Which of the following activities
would be considered the unauthorized
practice of law?
A. Preparing a last will and testament for her
first client.
B. Helping clients to identify their financial
planning goals.
C. Preparing financial statements for
prospective clients.
E. Referring clients to her brother, Jack, who
happens to be a licensed attorney.
The correct answer is a.
Only licensed attorneys should prepare last will and testaments for clients.
Nellie recently executed a power of attorney
giving Jessie the power to perform certain
tasks. Which of the following powers given
to Jessie would cause the power to be
deemed a general power of appointment?
A. Nellie gave Jessie the power to use
Nellie's money to pay Nellie's creditors.
B. Nellie gave Jessie the power to sell and
buy property on Nellie's behalf.
C. Nellie gave Jessie the power to use
Nellie's money to pay Jessie's creditors.
D. Nellie gave Jessie the power to make gifts
to Nellie's heirs and charities.
The correct answer is c.
Giving Jessie the power to pay his own creditors creates a general power of
appointment over the assets. The other powers do not benefit Jessie and thus do not
create a general power of appointment.
Estate Final UVU
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Kent, age 38, recently came to you for estate
planning advice. He has never executed any
estate planning documents. During the client
interview, you learned that Kent has never
been married and has a six-year-old
daughter, Kerstin, with his previous girlfriend,
Karen. Karen is Kerstin's custodial parent and
Kent sees Kerstin every other weekend.
While Kent and Karen are cordial, the
relationship was recently strained when
Karen
began dating Kent's business partner, Bobby.
Kent is in good health and participates
regularly in automobile racing competitions.
While Kent often wins in competitions, he
has wrecked his car several times and has
been seriously injured. Because Kent has had
so many wrecks, he invested a majority of his
$500,000 net worth in a closely held
company to develop a revolutionary steel
product that will not bend, crumble or catch
fire. Kent and his business partner, Bobby,
are sure that all race car companies will buy
the steel product because their initial tests
established that nine out of ten times a car
made with the product that was in a wreck
did not even get a dent. Although they plan
to take their product to market in a few
months, Kent and his partner have had
several disagreements. Which of the
following statements is true?
A. If Kent died today, there would not be any
liquidity issues because Kent's
share of the closely held company could
easily be sold for fair market value.
B. Since the value of Kent's net worth is
below $5,4910,000, there is no need for
estate planning.
C. Amounts given to Karen for Kerstin's
support are deductible on Kent's
income or gift tax return.
D. If Kent were to die today, his assets would
transfer via state intestacy laws
with Kerstin being the most likely heir.
The correct answer is d.
Since Kent has not executed any estate planning documents, his estate will transfer via
state intestacy laws. When an individual is not married, their children are generally the
next in line to inherit under state intestacy laws. Option a is incorrect because the ability
to quickly sell a closely held business for fair market value is always questionable
regardless of how good the products are. Option b is incorrect because Kent's net
worth is irrelevant as to whether he needs estate planning. He has a child that needs to
be cared for and assets that will need to be transferred, thus he needs estate planning.
Option c is incorrect because the amounts given for Kerstin's support are not
deductible on the income or gift tax return.
Estate Final UVU
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John has a general power of appointment
over his father's assets. Which of the
following
is not true regarding such a power?
A. John can appoint his father's money to pay
for the needs of his father.
B. John can appoint money to John's
creditors.
C. John must only appoint money using an
ascertainable standard.
D. If John predeceases his father, John's gross
estate would include his father's
assets even though they had not been
previously appointed to John.
The correct answer is c.
Answers a, b, and d are all true. Because John has a general power of appointment over
his father's assets, John may appoint those assets to anyone for any reason and is not
limited by an ascertainable standard such as health, education, maintenance, or
support.
Charlotte is getting ready for her first
meeting with her new financial planner,
Samantha. What information does Charlotte
not need to bring to this meeting?
A. Previously filed income tax and gift tax
returns.
B. A copy of her current will.
C. A detailed list of Charlotte's assets and
liabilities.
D. Charlotte should bring all of the above
information to her first meeting with
Samantha.
The correct answer is d.
Charlotte should bring all of this information with her.
Claude decides to prepare his will, but does
not want to seek the help of an attorney.
Claude handwrites all of the provisions of
the will and does not have it witnessed by
anyone. What type of will does Claude have,
if any?
A. Holographic.
B. Nuncupative.
C. Statutory.
D. Claude does not have a will.
The correct answer is a.
A holographic will is one that is handwritten. Answer b is incorrect because a
nuncupative will, which is not valid in all states, is an oral will. Answer c is incorrect
because a statutory will must generally be prepared by an attorney and must be
witnessed.
Estate Final UVU
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4/18
Brett died recently leaving all his assets in a
trust for his wife Greer. Brett was concerned
that Greer would not be able to manage her
money adequately to maintain her standard
of living for the rest of her life. Therefore, he
placed the assets into a spendthrift trust
and gave Greer the right to receive a certain
amount of income each year. Brett
appointed his good friend Paul to be the
trustee of the trust. How is Paul's ownership
classified?
A. Paul holds a life estate over the property.
B. Paul holds the legal title to the property.
C. Paul holds the equitable title to the
property.
D. Paul does not hold an interest in the
property.
The correct answer is b.
Paul holds the legal title to the property as trustee for the trust. Greer as the beneficiary
holds the equitable title. A life estate identifies the person who has a current beneficial
right in the property, which in this case would be Greer.
Sylvia and Rachel own a townhouse together
and are not married. Rachel contributed 40%
of the purchase price and Sylvia contributed
60% of the purchase price. Each of them has
an equal interest in the property. Which of
the following are permissible ways they
could title the property?
Sole Ownership.
Tenancy in Common.
Joint Tenancy with Rights of Survivorship.
Tenancy by the Entirety.
Community Property.
A. 2 only.
B. 2 and 3.
C. 1, 3 and 4.
D. 2, 3 and 4.
E. 2, 3, 4 and 5.
The correct answer is b.
The property could be titled either as Tenancy in Common or Joint Tenancy with Rights
of Survivorship. The property could not be owned at Tenancy by the entirety or
Community Property because Sylvia and Rachel are not married. Fee simple sole
ownership is not an option either because there is more than one owner.
Which of the following states is not a
community property state?
A. Arizona.
B. Idaho.
C. Wisconsin.
D. Florida.
The correct answer is d.
All of the other answers name states that are community property states.
Estate Final UVU
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5/18
Natalie and her younger sister Kate
purchased a beach-front condominium
together 15 years ago. They own the
property as a joint tenancy with rights of
survivorship. At the
time of the purchase, Natalie, being the
older sister, was in a better financial position.
Therefore, Natalie contributed $300,000 and
Kate contributed $100,000 to the
purchase price. The property is now worth
$800,000. Which of the following statements
is correct?
A. Natalie and Kate each own 50% of the
condo.
B. If Natalie were to die today, her share of
the condo would transfer to her
husband Brian.
C. If Kate were to die today, Natalie's new
basis in the property would be
$400,000.
D. If Natalie and Kate were to disagree on
how the property was being managed,
the only way they could partition their share
of the property would be to find a willing
buyer that would purchase both of their
interests.
The correct answer is a.
Because the property is owned JTWROS they automatically own 50% each. Answer b is
incorrect because if Natalie were to die today, then her share of the condominium
would transfer to Kate. Answer c is incorrect because if Kate died today, then Natalie's
new basis would be $500,000 (Natalie's original $300,000 basis and Kate's step-to fair
market value basis of $200,000 based on the contribution rule). Answer d is incorrect
because if they disagree on how the property is being managed then either one can
easily sell their share to any person. They do not need the consent of the other party.
Which of the following accurately describes
a life estate?
A. An interest in property for a specified
number of years.
B. An interest in property that ceases upon
the death of the owner of the life
estate.
C. An undivided interest in property held by
two or more related or unrelated
persons.
D. A complete interest in property with all
the rights associated with outright
ownership.
The correct answer is b.
Option b is the definition of a life estate. Option a is the definition of an interest for a
term.
Option c is the definition of tenancy in common. Option d is the definition of fee simple.
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