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Question 1
Cheryl wanted to streamline the administration of her estate for her children, who would be the beneficiaries of her estate. Cheryl's main assets were: a personal residence located in Gary, IN (where she lived), a condo located in Vail, CO (both with furnishings), a car and minimal personal affects. She met with an attorney to discuss her situation. What option would be most beneficial?
Correct A living trust is a technique to avoid probating one's assets. As such, a living trust would be attractive for Cheryl to transfer her assets to her children. Since she also owns real property in another state, she would also need a living trust for that jurisdiction. Lastly, a will, with a pourover provision, would be a way to transfer any after acquired property to the trust rather than having the remaining property probated.
Incorrect! A living trust is a technique to avoid probating one's assets. As such, a living trust would be attractive for Cheryl to transfer her assets to her children. Since she also owns real property in another state, she would also need a living trust for that jurisdiction. Lastly, a will, with a pourover provision, would be a way to transfer any after acquired property to the trust rather than having the remaining property probated.
Correct
Incorrect!
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Incorrect!
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Incorrect!
Question 2
Teri purchased an insurance policy ten years ago, naming her husband, Lester, as the beneficiary. In addition, she wanted to establish some type of trust for her step-children, Vivienne, Lena and Marla. At her attorney's urging, she purchased a new insurance policy, designating Vivienne to receive the proceeds as the trustee. Three years later, Teri and Lester had divorced and she changed her mind about the trust, changing the beneficiary on the policy to her sister, Gayle. When Teri dies six months later, what is the result?
Correct For a settlor to effectively create an irrevocable life insurance trust, the settlor can retain no power to change or modify the insurance owned by the trust. Otherwise, the proceeds will be includible in the settlor's taxable estate. Here, since Teri was able to change the beneficiary designation on the trust, she caused it to be included in her taxable estate. As such, the trustee will receive the proceeds in trust for Gayle.
Incorrect! For a settlor to effectively create an irrevocable life insurance trust, the settlor can retain no power to change or modify the insurance owned by the trust. Otherwise, the proceeds will be includible in the settlor's taxable estate. Here, since Teri was able to change the beneficiary designation on the trust, she caused it to be included in her taxable estate. As such, the trustee will receive the proceeds in trust for Gayle.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Judith bequeaths "to Claudia in trust upon such terms as I have or may communicate to her during my lifetime." What missing element from Judith's attempt at creating a trust causes this trust to fail?
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Incorrect!
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Incorrect!
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Correct When a settlor attempts to establish a trust but fails to name an intended beneficiary, the trust fails. Here, Judith did not specify who Claudia was to hold the trust assets for. As such, the trust fails and Claudia instead holds a resulting trust for Judith's estate or her heirs at law.
Incorrect! When a settlor attempts to establish a trust but fails to name an intended beneficiary, the trust fails. Here, Judith did not specify who Claudia was to hold the trust assets for. As such, the trust fails and Claudia instead holds a resulting trust for Judith's estate or her heirs at law.
Question 4
Kenneth wanted to establish a trust for the benefit of his daughter, Petra. One of his high school buddies had been an officer at the local bank for many years before establishing his own financial management firm. Given their long history, Kenneth designated his friend, Hunter, as the trustee. Unbeknownst to Kenneth, Hunter was embezzling money from his clients' accounts (including Kenneth's trust) to finance his lavish lifestyle, including several homes and expensive cars. How will the court remedy Hunter's illegal actions?
Correct
Incorrect!
Correct A constructive trust is a remedial device, created by operation of law, when property is improperly acquired by someone who is not entitled to the property. In this instance, the court may impose a constructive on some of Hunter's property in favor of Petra.
Incorrect! A constructive trust is a remedial device, created by operation of law, when property is improperly acquired by someone who is not entitled to the property. In this instance, the court may impose a constructive on some of Hunter's property in favor of Petra.