Pretest Study Quiz - 202408-LAW-716-002 PDF

8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... 202408-LAW-716-002 Start Here Review Test Submission: Pretest Study Quiz Review Test Submission: Pretest Study Quiz User...

8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... 202408-LAW-716-002 Start Here Review Test Submission: Pretest Study Quiz Review Test Submission: Pretest Study Quiz User Daveon Lilly Course 202408-LAW-716-002 Test Pretest Study Quiz Started 8/21/24 8:15 PM Submitted 8/21/24 8:30 PM Status Completed Attempt Score 19 out of 20 points Time Elapsed 15 minutes Instructions These are multiple-choice questions. Choose the best answer. Results All Answers, Submitted Answers, Correct Answers, Feedback, Incorrectly Answered Displayed Questions Question 1 1 out of 1 points Which of the following is true of the typical (average, median) American family? Selected Answer: This average family holds much of their net worth in the value of their house. Answers: This average family passes assets to children by an inter vivos revocable trust. This average family pays the federal estate tax. This average family has a will drafted by a T&E specialist attorney. This average family has $600,000 in nancial assets (excluding the primary residence). This average family holds much of their net worth in the value of their house. Answer Yes. The average family holds most of its net worth in its house. Feedback: In contrast, the wealthy (top 20 percent) typically hold more in nancial assets. For a chart about this, look here. Question 2 1 out of 1 points https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 1/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... An elderly and conservative grandfather adheres strongly to traditional values. His granddaughter sports a large tattoo, smokes cigars, wears a ring in her nose, and recently joined the campus chapter of Planned Parenthood. The dismayed grandfather fears that, in time, his granddaughter may be "tempted by lesbianism." In his latest will, the grandfather writes, "Because of her lifestyle choices, I reluctantly but intentionally leave nothing to my granddaughter. Instead, her previous bequest of $10,000 is sent to my church." What is the most likely outcome under current law? Selected The wishes of the Dead Hand probably prevail. Answer: Answers: Based solely on the language in the will, a court will strike down the disinheritance as void as against public policy. The granddaughter can elect against the will and receive an intestate share of the probate estate. The wishes of the Dead Hand probably prevail. Under cy pres, the $10,000 goes to Planned Parenthood instead of to the church. Answer Yes. This is illustrated by the Feinberg case from the rst day of Feedback: class. Question 3 1 out of 1 points Claim: "The practice of Trusts & Estates law is a low-risk legal practice, which almost never results in any claims of malpractice or of violations of legal ethics." Selected False; this is a high-risk specialty. Answer: Answers: True; the dead can't le complaints with Bar Counsel. False; this is a high-risk specialty. True; privity remains an absolute bar to T&E malpractice actions in all states except eight. Answer If you are going to do T&E law, make sure you are doing it right. Feedback: There is no shame in referring something to a T&E specialist if you are not. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 2/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... Question 4 1 out of 1 points Which of the following is true about inter vivos gifts? Selected Answer: If challenged, impose on the party seeking to prove the gift was accomplished the burden of establishing intention to transfer the property, delivery by the donor, and acceptance by the donee. Answers: Because of the 2017 tax bill, inter vivos gifts cannot remove property from the probate estate. Lifetime gifts potentially trigger a federal gift-tax ling if the amount per year is in any way greater than $10,000. If challenged, impose on the party seeking to prove the gift was accomplished the burden of establishing intention to transfer the property, delivery by the donor, and acceptance by the donee. Answer Yes. For more information see pages 156-159 in Contemporary Feedback: Trusts and Estates. Question 5 1 out of 1 points What happens if a will names one bene ciary for certain assets and a will substitute names someone else for the same assets? In general, does the will or the will substitute control? Selected The will substitute. Answer: Answers: The will. The will substitute. Neither; the state antilapse statute will govern. Answer Correct. A bene ciary designation form typically will take Feedback: priority over the will. Question 6 1 out of 1 points At Ruby Memorial Hospital, Dr. Rogers is treating a palliative care patient who is dying from cancer. Because of the e ects of the illness, the patient loses medical decision-making capacity. The patient had previously signed a medical power of attorney designating her next-door neighbor as her decision-maker. Learning of the severity of the illness, the patient's son rushes up from Charleston and her daughter ies in from California. The children are adamant https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 3/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... that everything possible, including CPR, be done to prolong their mother's life for as long as possible. The neighbor disagrees, saying "let her die in peace." Suddenly, the patient su ers a heart attack and codes. Unless emergency medial action is taken immediately, the patient will die! Advise Dr. Rogers. Selected Answer: Dr. Rogers should follow the view of the next-door neighbor, even though the patient will die. Answers: Doctors have a duty to provide treatment, so CPR should begin immediately. Because family members are better suited to know the patient's wishes than a neighbor, the desires of the children should prevail, and CPR should begin immediately. Dr. Rogers should follow the view of the next-door neighbor, even though the patient will die. If the patient dies, the hospital and medical sta are barred from receiving any payment from the patient's estate because of the slayer statute. Answer Correct. The MPOA includes the power to decline life-prolonging Feedback: treatment. Be careful who you or your clients entrust with this power. Question 7 1 out of 1 points Because of changing societal views, current law in almost every state allows committed long-term couples who live together without marital status, civil union, or legal domestic partnership to inherit as spouses under intestacy. Selected Answer: False Answers: True False Response In general, intestacy applies to spouses. If you want an Feedback: unmarried partner to inherit, you should write a will and use bene ciary designations. Question 8 1 out of 1 points What happens under the Uniform Probate Code to a decedent's property in intestacy if no relatives are alive to inherit? https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 4/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... Selected The money escheats to the state. Answer: Answers: The probate court will look to the decedent's nonprobate bene ciary designations. Close friends can submit a claim for the property to the probate court. An ex-spouse is entitled to a one-quarter share of the property. The money escheats to the state. Answer Yes, see page 106 in Contemporary Trusts and Estates. Feedback: Question 9 1 out of 1 points A stepchild -- a spouse's child from a previous relationship who was not adopted by the new spouse -- does not inherit from the stepparent as a child in intestacy, but under the UPC, may inherit later in the chain of intestacy. Selected Answer: True Answers: True False Response Feedback: True; see page 76 in Contemporary Trusts and Estates. Question 10 1 out of 1 points If a will directs the executor to pay all debts, what would happen to any mortgage on the testator's primary residence? Selected Answer: Under UPC § 2-607, the house would pass subject to the mortgage. Answers: In West Virginia, the house would pass subject to the mortgage. Under UPC § 2-607, the house would pass subject to the mortgage. The executor is personally responsible to pay o the mortgage. Answer Correct; the mortgage would not be removed under the UPC. Feedback: https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 5/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... Question 11 1 out of 1 points It is the highly recommended modern best practice to apportion all the taxes to the residuary bene ciaries. This is a near-universal default rule, and there is little conceiveable reason to do otherwise. Selected Answer: False Answers: True False Response This is not a true statement. Some wills do this, but it can cause Feedback: problems like in the Kuralt case. At the very least, strongly consider pro rata apportionment of taxes. Question 12 1 out of 1 points From the September 2020 Bar Exam: "In 2016, Testator consulted her physician because she was forgetting appointments and information she had recently read. Testator was diagnosed with minor cognitive decline with some memory loss." In 2019, Tesator properly executed a codicil to her will that revoked a bequest to Son. Question: If Son contests the codicil, should the court refuse to give it e ect based on Testator's mental state? Selected Answers: On the facts presented about Testator's mental state, a court is unlikely to invalidate this codicil. Answers: On the facts presented about Testator's mental state, Testator lacked testamentary capacity, and the codicil is thus invalid. On the facts presented about Testator's mental state, a court is unlikely to invalidate this codicil. On the facts presented, the Testator is su ering from an insane delusion, and thus the codicil is invalid. Under the Feinberg rule, Testator is barred from disinheriting her son. Answer This is the better answer. There is no evidence presented on these Feedback: facts that Testator lacked sound mind. (That is, she did not know the nature and extent of her property, the natural objects of her bounty, the disposition that she was making of her property, and the relationship of these items to one another.) Remember, testatmentary capacity is not a high bar. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 6/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... Question 13 1 out of 1 points A person may lack testamentary capacity on one evening, yet still be legally able to execute a will the following morning in a moment of lucidity. Selected Answer: True Answers: True False Response Feedback: Yes, this is what the doctrine suggests. Question 14 1 out of 1 points A would-be testator believes the CIA is tracking him through implants in his molars, that the U.S. Congress is lled with lizard people from outer space, that the moon landing was faked by the Illuminati, and that his dog is the reincarnation of Rasputin. After his divorce, the testator drafts a will leaving his property in equal shares to his children. Under the totality of these circumstances, a court is likely to invalidate the will because of the person's insane delusions. Selected Answer: False Answers: True False Response The bequest of equal shares to his children seems Feedback: unconnected to his delusions, so the court is likely to allow the will. Question 15 1 out of 1 points Which of the following activities can result in meaningful (and lawful) tax savings? Selected Answer: Contributing to an Individual Retirement Account or a 401(k). Answers: Putting assets into a revocable living trust. Contributing to an Individual Retirement Account or a 401(k). https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 7/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... Putting assets into an o shore asset protection trust, because income from those assets isn't taxable in the United States. Answer Yes, you may be able to reduce taxes with these. The federal Feedback: government wishes to encourage retirement savings. Question 16 1 out of 1 points A precatory expression from the testator is legally binding as long as it is in writing. Selected Answer: False Answers: True False Response Feedback: Precatory language is not legally binding. Question 17 1 out of 1 points From the 2009 Bar Exam: Settlor creates an irrevocable trust. Trust terminates in 10 years. Sixty percent of trust assets go to Settlor's children. For 40 percent, “In view of my long-standing interest in the area of education, Trustee shall distribute all remaining trust property to my alma mater, Business College.” “The trust has terminated, and Trustee has discovered that Business College no longer exists. Trustee seeks judicial approval to distribute Business College’s share of the trust to Settlor’s estate.” “Should a court authorize Trustee to distribute trust property that was payable to Business College to Settlor’s estate. Explain.” Selected Answer: No, the court should nd another educational institution under the doctrine of cy pres. Answers: Yes; the court should return the trust property to the settlor's estate under the doctrine of cy pres. Yes, this is what the Dead Hand would have wanted. No, the court should nd another educational institution under the doctrine of cy pres. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 8/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... The assets escheat to the state. Answer This is the right answer on the bar exam. The phrase "long- Feedback: standing interest in the area of education" suggests a general charitable intent to bene t education, not speci cally a gift to either Business College or no charity at all. Question 18 0 out of 1 points You are consulted about managing trust investments for a 70-year-old. She is in good health. Her life expectancy is a little over age 86, but she may live longer. She is concerned about losing purchasing power and running out of money to buy what she needs. She does not wish to live solely on Social Security. She does not want to accept any more risk than prudent, but she trusts her advisors to devise an appropriate portfolio. Which of the following investments is most likely to be recommended under Modern Portfolio Theory? Selected Answer: Placing all of the money into a FDIC-insured checking account. Answers: Placing all of the money into a FDIC-insured checking account. Investing all the money in two startups like WeWork and GrubHub. Placing 70 percent of the money into a diversi ed xed-income portfolio, including some foreign bonds, and the remainder into a broadly diversi ed global stock portfolio. Rejecting even a 10 percent allocation to stock on the reasoning that stock is too risky for a 70-year-old and instead putting all the assets into xed-income investments. Placing all the portfolio into emerging market debt to obtain the higher interest rates. Answer Although "safe" if under the FDIC insurance limits, this portfolio is Feedback: likely to lose purchasing power to in ation over time. Question 19 1 out of 1 points Among the potential options that may help with building long-term wealth in a family are the following: https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 9/10 8/21/24, 8:31 PM Review Test Submission: Pretest Study Quiz – 202408-LAW-... (1) A habit of living below one's means to obtain capital to invest for long-term growth. (2) Using gifts from relatives as a way to teach children to save instead of to spend windfalls. (3) Strong inter-familial communication about nancial goals and plans. (4) A practice of continuing nancial education, especially for younger members of the family. Selected Answer: True Answers: True False Response Feedback: Yes, these can be helpful in building wealth. Question 20 1 out of 1 points Jon Snow is believed to be a nonmarital child of Ned Stark. Under modern law like the UPC, which of the following is true of Jon? Selected Answer: If Stark drafted a will before Jon's birth, and Jon is not included, Jon potentially may inherit as a omitted child if he establishes paternity, certain statutory conditons are met, and the will does not exclude any nonmarital children from inheritance. Answers: If Stark loses his head and dies intestate, Jon cannot inherit as a child even if he can establish Stark's paternity. Jon has a right of primogeniture under both the UPC and the Restatement to be the sole inheritor of land from Stark. If Stark drafted a will before Jon's birth, and Jon is not included, Jon potentially may inherit as a omitted child if he establishes paternity, certain statutory conditons are met, and the will does not exclude any nonmarital children from inheritance. If Jon kills his ery wife, he cannot inheirt from Stark because of the slayer statute. Answer Yes. Look at UPC § 2-302, and remember the UPC's de nition of Feedback: "child." Wednesday, August 21, 2024 8:30:49 PM EDT ← OK https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_63920461_1&course_id=_222267_1&content_id=_552292573_1&return_content=1… 10/10 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... 202408-LAW-716-002 Study Quizzes Review Test Submission: Class 1 Study Quiz (Introduction) Review Test Submission: Class 1 Study Quiz (Introduction) User Daveon Lilly Course 202408-LAW-716-002 Test Class 1 Study Quiz (Introduction) Started 8/29/24 1:19 PM Submitted 8/29/24 1:23 PM Status Completed Attempt 15 out of 15 points Score Time 3 minutes Elapsed Instructions This is the study quiz for class 1, with 15 questions. Give the best answer to each question and at the end of the quiz, note what you missed. At the end of the quiz, you will receive feedback and explanations about the right and wrong answers. You may take the study quiz up to ve times to give yourself more practice if you wish. Results All Answers, Submitted Answers, Correct Answers, Feedback, Incorrectly Answered Displayed Questions Question 1 1 out of 1 points The graphed curve about the time to forget new information that we discussed in class is called the Einstein curve. Selected Answer: False Answers: True False Response Feedback: It is called the Ebbinghaus curve. Question 2 1 out of 1 points What is the term for when someone dies without a will? Selected Answer: Intestacy. Answers: Insolvent. Intestacy. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 1/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... In pari materia. In excelsis. Answer Feedback: Yes, correct. Question 3 1 out of 1 points A testator is an individual who makes or executes a will. If you die with a will, you die "testate." Selected Answer: True Answers: True False Response Feedback: Yes, this is correct. Question 4 1 out of 1 points With respect to trusts and estates law, what is the Uniform Law Commission? Selected Answer: The source of the Uniform Probate Code, the Uniform Trust Code, and other uniform acts. Answers: A federal regulatory agency to oversee state probate law A private organization with delegated authority to craft legislation that states must adopt. The source of the Uniform Probate Code, the Uniform Trust Code, and other uniform acts. Answer Yes. And a bonus fact: The law school's own Professor Cardi is Feedback: heavily involved with the Uniform Law Commission. Question 5 1 out of 1 points According to Appendix B of your casebook (the American Probate Glossary on page 41), what is "probate"? Selected Answer: The process of validating a will, if one exists, and administering a deceased person’s estate. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 2/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... Answers: The state of having died without a will. The process of validating a will, if one exists, and administering a deceased person’s estate. The act of identifying and inventorying the decedent’s assets in an estate. Answer Yes, the word probate comes from the Latin "to prove." Here, Feedback: we are proving the will to a court. Question 6 1 out of 1 points As part of estate planning, planners often can seek to minimize the amount of assets that will pass by probate through the use of bene ciary designations or revocable living trusts. Selected Answer: True Answers: True False Response Yes. Probate can have its disadvantages, such as time and cost, Feedback: and seeking to reduce the amount of assets in probate is not uncommon. Ways of doing so include bene ciary designations on investment accounts and revocable living trusts. Question 7 1 out of 1 points Of the options below, what is most likely to constitute the probate estate? Selected Answer: The probate estate comprises (i) all property that is owned by the decedent at death where the bene ciary is not already determined by a will substitute, and (ii) “property acquired by the decedent’s estate at or after the decedent’s death.” Answers: The probate estate comprises (i) all property that is owned by the decedent at death where the bene ciary is not already determined by a will substitute, and (ii) “property acquired by the decedent’s estate at or after the decedent’s death.” Assets such as a mutual fund when a bene ciary designation (naming someone other than the estate) has been lled out. Life insurance proceeds sent to the directed bene ciary. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 3/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... All the money in bank accounts held in joint tenancy with right of survivorship. Answer Yes. See page 9 of Contemporary Trusts and Estates, quoting the Feedback: Restatement (Third). Question 8 1 out of 1 points Anne lives in West Virginia, where she owns a condo. She also owns a vacation cottage in Pennsylvania. If Anne dies, what is the likely choice of law for disposing of her assets? Selected Answer: West Virginia law for the condo and her personal possessions; Pennsylvania law for the vacation cottage. Answers: West Virginia law for everything. Pennsylvania law for everything, including the personal possessions in the cottage. West Virginia law for the condo and her personal possessions; Pennsylvania law for the vacation cottage. Federal law for everything. Answer Yes. The state of domicile is the law for personal possessions. Feedback: The state of the "situs" of the real property -- where it is located -- is the choice of law for the property. Question 9 1 out of 1 points A "Pyrrhic victory" is an outstanding success and greatly to be desired as a rst choice. Selected Answer: False Answers: True False Response A Pyrrhic victory is very costly and not to be desired as a Feedback: rst choice. Question 10 1 out of 1 points The Feinberg case stands for the proposition that "Although those plans might be o ensive to individual family members or to outside observers, Max and Erla https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 4/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... were free to distribute their bounty as they saw t and to favor grandchildren of whose life choices they approved over other grandchildren who made choices of which they disapproved." Selected Answer: Largely true, with at least one apparent exception regarding a vested interest subject to a condition subsequent that tended to unreasonably restrict marriage or encourage divorce. Answers: False. Completely true. Largely true, with at least one apparent exception regarding a vested interest subject to a condition subsequent that tended to unreasonably restrict marriage or encourage divorce. Answer Correct. The court explicitly mentioned at least one exception. Feedback: Other courts might nd additional exceptions as well. Question 11 1 out of 1 points The Restatement (Third) of Trusts, Section 29, gives the following example of an invalid condition: [Example] 3. The marriage condition terminates all of [settler's nephew] N's rights if, before termination of the trust, he 'should marry a person who is not of R Religion,' with the same gift over to C College. The condition is an invalid restraint on marriage; the trust and N's rights will be given e ect as if the marriage condition and the gift over to C College had been omitted from the terms of the trust.” Selected Answer: True Answers: True False Response Yes, this is what the Restatement says. The Restatement Feedback: di ers from the Feinberg conclusion here. Question 12 1 out of 1 points On these issues of testamentary freedom, the Bar Examiners in the past (July 2012 MEE) have noted (in dicta) that "conditioning the continuation of a child’s income interest on the child’s marriage or divorce is void on public policy grounds.” Bar Examiners also cite to Restatements, and the Restatement (Third) of Trusts Section 29 j Example 3 would invalidate religious-based marriage restrictions like in Feinberg. Accordingly, a prudent answer on the Bar Exam https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 5/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... might include not just the Feinberg rule but also the di erent conclusion from the Restatement of Trusts. Selected Answer: Probably true. Answers: Absolutely false; just go completely with Feinberg on the Bar Exam. Probably true. Answer Yes. I regret this inconsistency comes up on the rst day of Feedback: class. Question 13 1 out of 1 points An elderly and conservative grandfather adheres strongly to traditional values. His granddaughter sports a large tattoo, smokes cigarettes, wears a ring in her nose, and recently joined the campus chapter of Planned Parenthood. The dismayed grandfather fears that, in time, his granddaughter may be "tempted by lesbianism." In his latest will, the grandfather writes, "Because of her lifestyle choices, I reluctantly but intentionally leave nothing to my granddaughter. Instead, her previous bequest of $10,000 is sent to my church." What is the most likely outcome under current law? Selected The wishes of the Dead Hand probably prevail. Answer: Answers: Based solely on the language in the will, a court will strike down the disinheritance as void as against public policy. The granddaughter can elect against the will and receive an intestate share of the probate estate. The wishes of the Dead Hand probably prevail. Under cy pres, the $10,000 goes to Planned Parenthood instead of to the church. Answer Yes. This is illustrated by the Feinberg case from the rst day of Feedback: class. Question 14 1 out of 1 points The Dead Hand has the power to condition a bequest upon a bene ciary divorcing a spouse, even if the requirement in the will is based on the explicitly https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 6/7 8/29/24, 1:24 PM Review Test Submission: Class 1 Study Quiz (Introduction) &... stated grounds that the testator disapproved of the bene ciary's marriage to a person of a di erent race. Selected Probably not. Answer: Answers: Probably true; see Feinberg. Probably not. Answer Correct. Attempts to break up a marriage are disfavored for Feedback: reasons of public policy. Question 15 1 out of 1 points Joseph Hanshi, a strong and esty octogenarian, demands in his will a Viking burial. His executor and children are directed to place his body in a boat, douse it in gasoline, set it on re, and send it oating down the Monongahela River. The will states, "After my children have performed this Viking burial, the remaining assets shall be distributed in equal shares to my children." Assume that a variety of state and federal regulations, including environmental regulations and funeral licensing restrictions governing the treatment of human remains, would make it unlawful to dispose of a body in the will's speci ed manner. Would a court likely distribute the assets to the children anyway, even if they did not perform the Viking ritual? Selected Answer: Yes. The Dead Hand cannot demand that his children perform illegal acts. Answers: No, the Dead Hand can establish whatever conditions it wants on the bequest. Here, the requirement was that the children perform a Viking funeral. If they fail to do so, Hanshi's children lose the inheritance. Yes. The Dead Hand cannot demand that his children perform illegal acts. Answer Correct. A testamentary condition can be void if it is either Feedback: unlawful or against public policy. Thursday, August 29, 2024 1:23:05 PM EDT ← OK https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64085618_1&course_id=_222267_1&content_id=_552532931_1&return_content=1&s… 7/7 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... 202408-LAW-716-002 Study Quizzes Review Test Submission: Class 2 Study Quiz (Ethics) Review Test Submission: Class 2 Study Quiz (Ethics) User Daveon Lilly Course 202408-LAW-716-002 Test Class 2 Study Quiz (Ethics) Started 8/30/24 3:05 PM Submitted 8/30/24 3:14 PM Status Completed Attempt Score 15 out of 15 points Time Elapsed 9 minutes Instructions Choose the best answer. Results All Answers, Submitted Answers, Correct Answers, Feedback, Incorrectly Answered Displayed Questions Question 1 1 out of 1 points "The guiding principle in estate planning and estate administration is e ectuating the testator's intent." Selected Answer: True Answers: True False Response True. See Contemporary Trusts and Estates pages 4-5 and Feedback: UPC §1-102(b)(2). Question 2 1 out of 1 points As a result of the Equal Pay Act of 1963, male and female lawyers on average may expect to earn the same overall amount in salary over their careers, culminating in average career earnings of $10 million. Selected Answer: False Answers: True False Response Total lifetime earnings reportedly are not equal for male and Feedback: female attorneys, and the average amount earned by all genders is considerably less than $10 million. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 1/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... Question 3 1 out of 1 points The median WVU law grad has a starting salary of $225,000. Selected Answer: False Answers: True False Response BigLaw salaries may start around there now, but the 2022 Feedback: statistic I saw for WVU Law gave a starting income of about $70,000 ($69,819). Question 4 1 out of 1 points When you read the Feinberg case for the rst class, the Illinois Supreme Court talked about the money from the grandparents being held in "trust." Did you look up this term if you were unfamiliar with it? What is this "trust" of which the court speaks? Selected Answer: A method of separating legal ownership from bene cial ownership. Answers: Statutory default rules that determine where probate property goes if someone dies without a will. A method of separating legal ownership from bene cial ownership. A legal arrangement wherein parents are trusted to ful ll the desires of the children, regardless of the wishes of the trust creator. Answer Correct. The children of Max Feinberg might have legal control Feedback: over the money through the trust, but they hold the money for the bene t of the grandchildren, subject to the terms of the trust created by the settlor. We will talk in depth about trusts later in the course. Question 5 1 out of 1 points Common criticisms of probate include the following: Selected Its time and its costs. Answer: https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 2/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... Answers: Its time and its costs. The extreme secrecy in which probate proceedings occur. The restrictions on attorney involvement in the probate process. The regulatory preemption of probate proceedings by federal agencies. Answer Yes, this is correct. Feedback: Question 6 1 out of 1 points Claim: "The practice of Trusts & Estates law is a low-risk legal practice, which almost never results in any claims of malpractice or of violations of legal ethics." Selected False; this is a high-risk specialty. Answer: Answers: True; the dead can't le complaints with Bar Counsel. False; this is a high-risk specialty. True; privity remains an absolute bar to T&E malpractice actions in all states except eight. Answer If you are going to do T&E law, make sure you are doing it right. Feedback: There is no shame in referring something to a T&E specialist if you are not. Question 7 1 out of 1 points Assume Regina Lear enters your law o ce resolute in wishing to disinherit her daughter. She asks if you if it is legally possible to do so. True or False: Your obligation under the bar rules is solely to provide Lear a legal answer, without raising any nonlegal considerations. Selected Answer: False Answers: True False Response ABA Model Rule 2.1 states, " In rendering advice, a lawyer may Feedback: refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation." https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 3/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... Question 8 1 out of 1 points A bar-exam study question from the Florida Bar: Attorney planned to meet with a new client, Client, for the purpose of preparing a living trust and Will for the client. Before the initial meeting, Attorney received a telephone call from Client's son (S). S told Attorney: "I will accompany Client to the meeting with you. Client will be upset if Client knows the true amount of the fee for your services. Please quote to Client a lower fee than you actually charge and I will pay you the remainder of the fee." What action may the Attorney ethically take? Selected Answer: Attorney may accept partial payment from each of Client and son, but must obtain Client's consent to the true nancial arrangement. Answers: Attorney may comply with the request, as long as Attorney maintains the con dentiality of Client's communications and independently exercises Attorney's professional judgment. Attorney may accept partial payment from each of Client and son, but must obtain Client's consent to the true nancial arrangement. Attorney must collect the entire fee from Client and may not accept any payment from S. Attorney must withdraw from representation of Client in this matter. Answer Yes. See ABA Model Rule 1.8(f). Feedback: Question 9 1 out of 1 points Rule 1.6 (c) states: "A lawyer shall make reasonable e orts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client." With regard to data security, reasonable ways to accomplish this might include: Selected All of the above. Answer: Answers: Requiring two-factor identi cation for remote access to any law- o ce network. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 4/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... Using a password or encryption on work ash drives with sensitive data. Having in place the ability for a remote wipe of any lost electronic devices like laptops with sensitive data, in case the device were lost or stolen. Maintaining passwords on any personal phones or laptop devices that might access sensitive client les. All of the above. Answer Yes. Take reasonable precautions in this area. Feedback: Question 10 1 out of 1 points You are trusts-and-estates counsel to a Boston businessman named Charles Ponzi. Mr. Ponzi has a business plan wherein he recruits investors with promises of safe yet high returns. He explains to you that he does so by paying the initial investors with money obtained from subsequent investors, with a healthy pro t margin for himself. He thinks it would be great if you could join his business endeavor as his dedicated counsel. What is the best decision here? Selected Answer: Um, no. It is improper for a lawyer to counsel or assist in a fraud. Answers: What a clever client! Let me join his business as its general counsel. Um, no. It is improper for a lawyer to counsel or assist in a fraud. I shouldn't worry about joining up with Mr. Ponzi, because I'm just a lawyer and not a principal, and thus I have no risk of liability. Answer Correct. See ABA Model Rule 8.4 and Rule 1.2(d). Feedback: Question 11 1 out of 1 points A college friend approaches you to draft a "simple will" for him. He wishes to pay you $100 and leave you his motorcycle in the will, provided you can draft the will as soon as you nish your law-school exams in December. Because you have drafted a basic estate plan for your Wealth Transfers class, and your friend's life https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 5/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... situation is essentially identical, you believe you may competently do the same for your friend. Which of the following statements are correct? Selected Answer: It would be improper for an attorney to draft a will accepting a substantial gift from an unrelated person. Answers: Because the situation involves only a simple will, and you are experienced with your friend's situation, drafting this will would be ne. You have no need to be mindful of the restrictions on the unauthorized practice of law because of the "simple will" exception for indigent clients. Because the motorcycle re ects your friend's genuine testamentary intent, with no undue in uence, no other ethical issues need be considered. It would be improper for an attorney to draft a will accepting a substantial gift from an unrelated person. Answer Correct. An attorney shall not do so. See ABA Model Rule 1.8(c). Feedback: Question 12 1 out of 1 points Joint representation of both husband and wife is common in creating an estate plan. Selected Answer: True Answers: True False Response It is common, but be careful about con icts and ethical Feedback: problems. Question 13 1 out of 1 points A client engagement letter is a key tool to address not only fees and scope of the representation, but also any potential issues of professional responsibility. Selected Answer: True Answers: True False https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 6/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... Response Yes. This creates documentation of your compliance and Feedback: identi es the importance of the issue to your client. ACTEC provides extensive guidance on this on its Web site. Question 14 1 out of 1 points The American College of Trust and Estate Counsel (ACTEC) provides a signi cant amount of material to T&E practitioners. Among them are an extensive guide to applying the rules of professional responsibility to a T&E practice and a 126-page guide to client engagement letters. If you encounter an ethical issue in the T&E context, what might your wisest thoughts include? (Multiple right answers are possible.) Selected Answers: Check the ACTEC materials on their Web site. That may help resolve the ethical issue for me. ACTEC is my friend. ACTEC keeps me safe. I like ACTEC! Answers: Check the ACTEC materials on their Web site. That may help resolve the ethical issue for me. ACTEC, Schmack-tec. No need for them. I can interpret the bar rules for myself just ne. ACTEC is my friend. ACTEC keeps me safe. I like ACTEC! Answer Yes. You will have extensive guidance, and following what ACTEC Feedback: recommends may be weighed favorably by any reviewing authority.. Answer Yes, I would encourage you to adopt this attitude. ACTEC is there Feedback: partly to help T&E practitioners stay out of trouble, and you would do well to consult their materials when appropriate. Remember, T&E is a high-risk speciality. Question 15 1 out of 1 points In West Virginia, “direct, intended, and speci cally identi able bene ciaries of a will have standing to sue the lawyer who prepared the will where it can be shown that the testator’s intent, as expressed in the will, has been frustrated by negligence on the part of the lawyer so that the bene ciaries’ interest(s) under the will is either lost or diminished.” Selected True. Answer: Answers: False; the strict privity bar applies in West Virginia. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 7/8 8/30/24, 3:15 PM Review Test Submission: Class 2 Study Quiz (Ethics) –... True. Answer This language is from Calvert v. Scharf (2005), the seminal West Feedback: Virignia case on probate malpractice. Friday, August 30, 2024 3:14:56 PM EDT ← OK https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64113558_1&course_id=_222267_1&content_id=_552541361_1&return_content=1&s… 8/8 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... 202408-LAW-716-002 Study Quizzes Review Test Submission: Class 3 Study Quiz (Medical Advance Planning) Review Test Submission: Class 3 Study Quiz (Medical Advance Planning) User Daveon Lilly Course 202408-LAW-716-002 Test Class 3 Study Quiz (Medical Advance Planning) Started 9/2/24 8:20 PM Submitted 9/2/24 8:32 PM Status Completed Attempt Score 15 out of 15 points Time Elapsed 11 minutes Results All Answers, Submitted Answers, Correct Answers, Feedback, Incorrectly Answered Displayed Questions Question 1 1 out of 1 points True or False: The average American family is far poorer today than at the time of the American Revolution in 1776. Selected Answer: False Answers: True False Response This statement is not correct. We have far more wealth Feedback: today. Question 2 1 out of 1 points According to class discussion, because of the concentration of wealth in the United States, is a mean average or a median average more likely to re ect the experience of a typical American? Selected A median Answer: Answers: A mean A median Answer Yes, this average is less likely to be skewed because of Feedback: concentrations at extremes of the distribution. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64152099_1&course_id=_222267_1&content_id=_552555417_1&return_content=1&s… 1/7 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... Question 3 1 out of 1 points The Class Two material discussed a lawyer's professional responsiblity and mental health. Which of the following statements below is most accurate about this subject? Selected Answers: To keep mental-health problems from interfering with professional responsibilities, a wise lawyer might seek to obtain any needed help sooner rather than later. Answers: Mental health (including issues such as substance abuse) has no bearing upon a lawyer's ability to ful ll professional obligations. According to a 2021 survey, law students report little to no concerns about mental health, and thus they have no need to learn to manage mental-health issues. No resources exist to help lawyers or law students struggling with mental-health issues. To keep mental-health problems from interfering with professional responsibilities, a wise lawyer might seek to obtain any needed help sooner rather than later. Answer Yes, this might be wise. Feedback: Question 4 1 out of 1 points Joint representation of both spouses in estate planning is common, but lawyers would be well advised to obtain client waivers of any con icts. Selected Answer: True Answers: True False Response Feedback: The statement is correct. Get those waivers! Question 5 1 out of 1 points From Dr. Rogers's presentation on Aug. 29, which of the following is a correct statement? Selected Answer: Refusing or withdrawing life support based on a patient's wishes, goals, and values is not the same thing as "physician-assisted suicide" or euthanasia. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64152099_1&course_id=_222267_1&content_id=_552555417_1&return_content=1&s… 2/7 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... Answers: A living will is the same thing as a last will and testament. Palliative and hospice care at Ruby Memorial Hospital involves Dr. Rogers writing prescriptions with the deliberate intent that patients use the pills to kill themselves. Refusing or withdrawing life support based on a patient's wishes, goals, and values is not the same thing as "physician-assisted suicide" or euthanasia. A health-care surrogate who correctly follows a patient's wishes is nonetheless barred from inheritance under a state's slayer statute. Answer Correct. West Virginia does not allow physician-assisted suicide. Feedback: Question 6 1 out of 1 points Because of the liberty and privacy interests at stake, the state is barred from imposing a "clear and convincing" standard of evidence before allowing a guardian to decide to discontinue life-sustaining treatment. Selected Answer: False Answers: True False Response This standard is permitted under the Cruzan case. See Feedback: Contemporary Trusts and Estates page 685. Question 7 1 out of 1 points If a person becomes medically incapacitated, but did not do any advance planning, what happens? Selected Answer: Most states establish a hierarchy of surrogate decision makers. Answers: The state automatically imposes a court-ordered guardianship. Because of federal statute, all medical treatment must be given to prolong life for as long as medically possible. Most states establish a hierarchy of surrogate decision makers. ACTEC's protocols for involuntary physician-assisted suicide are implemented. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64152099_1&course_id=_222267_1&content_id=_552555417_1&return_content=1&s… 3/7 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... Answer Yes. See Contemporary Trusts and Estates page 684. Feedback: Question 8 1 out of 1 points Under the West Virginia Health Care Decisions Act, "incapacity" means "the inability because of physical or mental impairment to appreciate the nature and implications of a health care decision, to make an informed choice regarding the alternatives presented, and to communicate that choice in an unambiguous manner." Selected Answer: True Answers: True False Response Feedback: This statement is correct. See §16-30-3(l) of the act. Question 9 1 out of 1 points What is a living will? Selected Answer: A written document in which an individual speci es preferences regarding life-sustaining medical care in case of incapacity, limited to end-of-life decisions. Answers: Another term for a revocable living trust. A testamentary statement, created inter vivos, to dispose of probate property at one's death. A written document in which an individual speci es preferences regarding life-sustaining medical care in case of incapacity, limited to end-of-life decisions. The contemporaneous intent of the testator expressed at the moment of the will's execution. Answer Yes. See page 692 of Contemporary Trusts and Estates. Feedback: Question 10 1 out of 1 points In West Virginia, if there is a con ict, the expressed directives in a living will will take priority over the wishes of the person given a medical power of attorney. Selected Answer: True https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64152099_1&course_id=_222267_1&content_id=_552555417_1&return_content=1&s… 4/7 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... Answers: True False Response Yes. This was on Dr. Rogers's slides. Feedback: And see §16-30-5 of the West Virginia Health Care Decisions Act.: b) If there is a con ict between the person's expressed directives, the physician orders for scope of treatment form and the decisions of the medical power of attorney representative or surrogate, the person's expressed directives shall be followed. Question 11 1 out of 1 points "States generally provide immunity to medical professionals who follow their patient’s instructions in a living will." Selected Answer: True Answers: True False Response Feedback: Yes; see page 692 of Contemporary Trusts and Estates. Question 12 1 out of 1 points From the Feb. 2016 Bar Exam: A patient, dying of cancer, signs a medical power of attorney designating her son as a health-care decision maker. She is later struck by a car and remains unconscious after surgery. The son instructs the doctor not to resuscitate her, even though his two sisters disagree. The doctor complies with the son and disregards the sisters. The sisters consult an attorney, who advises: (1) The son had no authority to instruct the doctor not to resuscitate her; (2) in a wrongful death action, the son would be liable for the patient's death, and (3) the son is barred from taking under the will because his actions intentionally caused her death. Is the attorney correct? Selected No, on all points. Answer: Answers: Yes, on all three points of advice in the question. No, on number (1) about authority, but yes on number (2) about liability and number (3) about inheritance. https://ecampus.wvu.edu/webapps/assessment/review/review.jsp?attempt_id=_64152099_1&course_id=_222267_1&content_id=_552555417_1&return_content=1&s… 5/7 9/2/24, 8:32 PM Review Test Submission: Class 3 Study Quiz (Medical Advance... No, on all points. Yes, on all points, plus the doctor is also barred from being paid for services because of the slayer statute. Answer Correct. The MPOA authorized the son to make the decision, and Feedback: neither tort liability or disinheritance would likely apply to punish an action that the state statute intended and authorized. Question 13 1 out of 1 points Physician Orders for Life-Sustaining Treatment (POLST) are best suited for people with a serious illness or frailty, with a short (one-year) life expectancy, Selected Answer: True Answers: Tru