6. The legal home where a person has a true, fixed, and permanent place of dwelling and to which the person intends to return when absent

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1 CHAPTER 7: THE PARTICIPANTS AND THE PROPER COURT MATCHING a. Letters Testamentary b. tickler system c. registrar d. probate (of a will) e. jurisdiction f. in rem jurisdiction g. disbursements h. venue i. residence j. domicile 1. Expenses and debt payments 2. The dwelling in which one temporarily lives or resides 3. The authority of the court over the decedent s property 4. The particular place, city or county, where a court has authority to hear and decide a case 5. The formal document of authority and appointment given to a personal representative by the court to administer a decedent s estate according to the terms of a will 6. The legal home where a person has a true, fixed, and permanent place of dwelling and to which the person intends to return when absent 7. The authority by which a particular court is empowered by statute to decide a certain kind of case and to have its decision enforced 8. A chronological list of all the important steps and dates in the stages of the administration of a decedent s estate 9. The procedure by which a document is presented to the court to confirm it is a valid will 10. A person designated by a judge to perform the functions of the court in informal proceedings 1. ANS: G 2. ANS: I ANS: H ANS: J 7. ANS: E ANS: D 10. ANS: C TRUE/FALSE 1. A personal representative is obligated to act in good faith solely for the benefit of another person. Correct. This is referred to as the personal representative s fiduciary duties. Incorrect. The representative serves in a position of trust and loyalty. 2. If a personal representative is a man, he is referred to as an executrix. Correct. A female personal representative is an executrix. Incorrect. A male personal representative is an executor.

2 3. A personal representative has a duty to commence a civil lawsuit for claims on behalf of the estate when necessary. Correct. A personal representative also defends the estate against claims when necessary. Incorrect. A personal representative serves to act on behalf of the estate in all matters. 4. A personal representative does not have to be appointed by the court if the will clearly states who the decedent wished to serve as the personal representative. Correct. A personal representative must always be appointed by the court. Incorrect. The court generally, but not always, appoints the person whom the decedent requested. 5. A personal representative generally handles all the estate administration duties on his/her own. Correct. A personal representative generally hires an attorney to assist in estate administration. Incorrect. A personal representative generally lacks the knowledge and expertise needed. 6. An attorney or paralegal should never solicit or suggest that he/she be made personal representative if hired to draft a will. Correct. He/She should also not recommend being named as the attorney who aids the personal representative. Incorrect. Such an appointment would constitute a conflict of interest. 7. Paralegals handle many of the time-consuming details of administering a decedent s estate. Correct. This reduces the cost of legal services. Incorrect. A paralegal s work frees up the attorney to focus on other matters. 8. Residence determines venue. Correct. Domicile determines venue. Incorrect. Residence is the dwelling where a person temporarily resides. 9. A decedent s will must be entered into probate only in his/her domiciliary state even if he/she owns property in other states. Correct. Ancillary administration is used to dispose of property in foreign states. Incorrect. The will must be entered into probate in each state in which property is owned. 10. A personal representative can act as the ancillary administrator in all states. Correct. This is allowed in some, but not all, states. Incorrect. Many states require ancillary administrators to be residents of those states. MULTIPLE CHOICE

3 1. Who is NOT involved in the preparation of wills and trusts and the administration of a decedent s estate? a. Probate court b. Personal representative of the estate c. Paralegal d. Beneficiary ANS: D Beneficiary Correct. The beneficiary is the person to whom the decedent s property is given. Probate court Incorrect. The probate court appoints the personal representative. Personal representative of the estate Incorrect. The personal representative administers the estate of the decedent. Paralegal Incorrect. The paralegal works with the attorney and often prepares drafts of documents. 2. Which is a responsibility of the personal representative? a. Administering oaths in court b. Preparing a preliminary draft of the will c. Publishing a notice to creditors to submit their claims by a specific date d. ANS: C Publishing a notice to creditors to submit their claims by a specific date Correct. The personal representative must also pay appropriate taxes and approved creditor claims. Administering oaths in court Incorrect. The court clerk administers oaths. Preparing a preliminary draft of the will Incorrect. Preparing a preliminary draft is generally a paralegal s responsibility. 3. Which is the responsibility of a court clerk? a. Authenticating and certifying copies of documents b. c. Executing the final draft of a will d. Collecting, protecting, preserving, and managing the probate estate of the decedent Authenticating and certifying copies of documents Correct. The court clerk also administers oaths in court. Executing the final draft of a will Incorrect. The attorney executes the final draft. Collecting, protecting, preserving, and managing the probate estate of the decedent Incorrect. The personal representative performs these duties. 4. Which is the responsibility of a paralegal? a. Distributing the remaining assets to the beneficiaries named in the will b. Assisting in the execution of the final draft of a will c. Ensuring that the personal representative properly administers the estate d. Assisting in the execution of the final draft of a will Correct. The attorney is ultimately responsible for the final draft. Distributing the remaining assets to the beneficiaries named in the will Incorrect. This is the responsibility of the personal representative. Ensuring that the personal representative properly administers the estate Incorrect. This is the responsibility of the probate court. 5. Which circumstance would NOT make the personal representative s job more difficult?

4 a. Creditors cannot be found. b. Heirs cannot be found. c. Someone contests the will. d. Someone contests the representative s payment to creditors. Creditors cannot be found. Correct. If creditors cannot be found and do not respond, they may not have to be paid. Heirs cannot be found. Incorrect. The search for heirs can be costly and time consuming. Someone contests the will. Incorrect. If the will is contested, the personal representative must work to see that the will is enforced. Someone contests the representative s payment to creditors. Incorrect. Challenges to distributions to beneficiaries can also make the personal representative s job more difficult. 6. Which is a pre-probate duty of the personal representative? a. Opening an estate checking account b. Helping to find and review any existing will c. Notifying the surviving spouse and/or minor children of their rights d. Appraising all assets by value at the time of the decedent s death Helping to find and review any existing will Correct. The representative should also assist with anatomical gifts and funeral arrangements. Opening an estate checking account Incorrect. An estate checking account is opened during the process of administering the estate. Notifying the surviving spouse and/or minor children of their rights Incorrect. This notification is performed prior to appointment as personal representative. Appraising all assets by value at the time of the decedent s death Incorrect. Assets can be appraised only during the course of administering the estate. 7. Which is NOT an aspect of the personal representative s duties to protect, collect, and preserve assets? a. Finding and reviewing all documents, records, and papers concerning the decedent s financial affairs b. Taking possession of all personal property not set aside for the spouse and/or minor children c. Locating and notifying witnesses of the testator s death d. Determining whether the decedent gave any gifts that would require a gift tax return ANS: C Locating and notifying witnesses of the testator s death Correct. Locating and notifying witnesses is a pre-probate duty of the personal representative. Finding and reviewing all documents, records, and papers concerning the decedent s financial affairs Incorrect. The representative notifies banks of the death and requests information about accounts. Taking possession of all personal property not set aside for the spouse and/or minor children Incorrect. Taking such possession would include transferring cash into the new estate checking account. Determining whether the decedent gave any gifts that would require a gift tax return Incorrect. If a gift requires making a gift tax return, the representative must see that the gift tax return is filed. 8. Which is NOT a probate task of the paralegal? a. Filing legal documents b. Maintaining records of all collected assets c. Helping to locate the will, if requested d. Handling communication with parties holding assets, creditors, beneficiaries, and heirs ANS: C Helping to locate the will, if requested Correct. Locating the will is a pre-probate task. Filing legal documents Incorrect. All documents, from the original petition to the final account, must be filed.

5 Maintaining records of all collected assets Incorrect. The paralegal maintains asset records, including filing documents, creditors claims, etc. Handling communication with parties holding assets, creditors, beneficiaries, and heirs Incorrect. Paralegals do make such communications but must be careful not to give legal advice during any of these communications. 9. Jurisdiction is generally determined by the decedent s: a. Residence b. Domicile c. Will d. Venue Domicile Correct. The domicile is the decedent s permanent place of dwelling. Residence Incorrect. A residence is a temporary place of dwelling. Will Incorrect. A court has jurisdiction over decedents who were permanent residents in its authority. Venue Incorrect. The venue is the location where the court with jurisdiction hears and decides the case. 10. Ancillary administration in the foreign state generally includes all of the following procedures EXCEPT: a. Transfer of the decedent s personal property to persons entitled to the property according to the foreign state s intestate succession statute b. Payment of taxes imposed by the foreign state to that state c. Acceptance by the foreign state court of the will admitted to probate in the decedent s domiciliary state d. Issuance of letters of authority that permit the real property to be transferred to the designated devisee named in the will Transfer of the decedent s personal property to persons entitled to the property according to the foreign state s intestate succession statute Correct. Property is passed on according to domiciliary state statutes. Payment of taxes imposed by the foreign state to that state Incorrect. Such taxes would not be paid to the domiciliary state. Acceptance by the foreign state court of the will admitted to probate in the decedent s domiciliary state Incorrect. The foreign court generally accepts the will if it is approved in another state. Issuance of letters of authority that permit the real property to be transferred to the designated devisee named in the will Incorrect. Letters of authority go to the ancillary administrator.