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Question 1
In Bernard's will he devised his sailboat to his brother, Charles; $25,000 from his bank account at a Charleston bank to his sister, Annie; and the residuary of his estate to his cousin, Lawrence. Annie and Charles predecease Bernard. They had no other lineal descendents. In addition, Bernard's will made no provision for lapsed gifts. The sailboat and the $25,000 pass pursuant to the intestacy statutes.
Correct
Incorrect!
Correct Usually, when a specific, demonstrative or general bequest lapses, the property becomes part of the residuary estate. Here, the sailboat was a specific bequest and the $25,000 was a demonstrative bequest. As such, both end up in the residuary estate. Since Lawrence is still alive, he will get both items and anything else in the residuary estate.
Incorrect! Usually, when a specific, demonstrative or general bequest lapses, the property becomes part of the residuary estate. Here, the sailboat was a specific bequest and the $25,000 was a demonstrative bequest. As such, both end up in the residuary estate. Since Lawrence is still alive, he will get both items and anything else in the residuary estate.
Question 2
Logan's will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie's daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Cassandra predeceased Logan, leaving a son and a daughter. Also, Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan's death, in a jurisdiction that has a narrow anti-lapse statute, who is entitled to his home in Montgomery, AL?
Correct Under a narrow anti-lapse statute, it applies only if the predeceasing beneficiary was a child or other descendent of the testator. For other classes of deceased beneficiaries, the gift lapses and passes to the residuary. Here, Logan's will left the Alabama home to his sister, Cassandra. Since she was not his child or other descendent, the anti-lapse statute does not apply. Accordingly, the gift fails and flows instead to the residuary, passing to Angela.
Incorrect! Under a narrow anti-lapse statute, it applies only if the predeceasing beneficiary was a child or other descendent of the testator. For other classes of deceased beneficiaries, the gift lapses and passes to the residuary. Here, Logan's will left the Alabama home to his sister, Cassandra. Since she was not his child or other descendent, the anti-lapse statute does not apply. Accordingly, the gift fails and flows instead to the residuary, passing to Angela.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Logan's will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie's daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Mitch predeceased Logan, leaving a daughter, Ruth. Also, Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan's death, in a jurisdiction that has a broad anti-lapse statute, who is entitled to the vintage car?
Correct
Incorrect!
Correct Even under a broad anti-lapse statute, there is a requirement that the predeceasing beneficiary is a child or other relative of the testator. Here, Logan was not related to his stepson, Mitch. He had never adopted him. Accordingly, the gift fails and passes instead to the residuary, passing to Angela.
Incorrect! Even under a broad anti-lapse statute, there is a requirement that the predeceasing beneficiary is a child or other relative of the testator. Here, Logan was not related to his stepson, Mitch. He had never adopted him. Accordingly, the gift fails and passes instead to the residuary, passing to Angela.
Correct
Incorrect!
Question 4
Logan's will makes the following bequests: Rolex watch to his son, Roland; home in Montgomery, AL to his sister, Cassandra; vintage car to his stepson, Mitch; $35,000 in his bank account at a Dallas bank to his stepdaughter, Emily; RV camper to his sister, Genie; $1,000 in Wal-mart stock to his niece, Virginia (Genie's daughter); and his home in Dallas, TX and the residue of his estate to his girlfriend, Angela. Angela and Logan had two children together, Lloyd and Logan, Jr. Genie predeceased Logan, leaving Virginia and a granddaughter, Amanda. At Logan's death, in a jurisdiction that has a broad anti-lapse statute, who is entitled to the RV camper?
Correct
Incorrect!
Correct
Incorrect!
Correct Under a broad anti-lapse statute, there is a requirement that the predeceasing beneficiary is a child or other relative of the testator. Even less broad anti-lapse statutes allow for substitution of beneficiaries through descendents of the testator's parents'siblings and their descendents. Here, Genie was Logan's sister. As such, the anti-lapse statute would allow the gift to her to pass to her next living descendent, namely Virginia.
Incorrect! Under a broad anti-lapse statute, there is a requirement that the predeceasing beneficiary is a child or other relative of the testator. Even less broad anti-lapse statutes allow for substitution of beneficiaries through descendents of the testator's parents'siblings and their descendents. Here, Genie was Logan's sister. As such, the anti-lapse statute would allow the gift to her to pass to her next living descendent, namely Virginia.