Q&A Hero

Q: A durable power of attorney for healthcare only becomes relevant when: A. registered with the Secretary of State. B. filed with the Department of Health. C. the principal has become incompetent. D. the hospital has received a $500 fee.

Q: Jim created a valid will in 2003. Three years later, he wanted to make some minor changes to the will. Jim wants to modify the provisions of his will without making an entirely new will. He can amend his will by adding a(n) _____. A. bequest B. residuary C. advance directive D. codicil

Q: A joint will: A. can only have a single beneficiary. B. is only valid if the testators are a married couple. C. is a single instrument that constitutes the will of both or all of the testators. D. cannot be changed once it is created.

Q: What is the term for planning the transfer of an individual's assets during later life and at death? A. Estate Planning B. Probate C. Corporate Giving D. Intestate

Q: What is an amendment of a will called? A. Bequest B. Residuary C. Advance directive D. Codicil

Q: Incorporation by reference refers to: A. the specification of heirs in a will without naming them, e.g., to my children. B. the necessity that witnesses to a will do not benefit from it in any way. C. the inclusion of extrinsic documents in a will. D. the requirement that a will is executed according to state law.

Q: A _____ is oral in nature. A. nuncupative will B. holographic will C. notarial will D. self-proved will

Q: Which of the types of wills is completely written and signed in the testator's handwriting? A. Nuncupative wills B. Holographic wills C. Notarial wills D. Self-proved wills

Q: Anna wants to create a will indicating that her favorite grandchild, Jesse, will inherit her house. Anna takes an ordinary sheet of paper and, in her own handwriting, states that it is her intent to leave her house to Jesse when she dies. She dates and signs the will, but there are no witnesses to it. Anna then tells her entire family about the will. Anna lives in a state where holographic wills are recognized, but nuncupative wills are not. Will Anna's will be recognized and followed? A. Yes, because Anna's will is entirely in her handwriting. B. No, because there were no witnesses present when Anna made her will. C. No, because a will must always be witnessed. D. Yes, because Anna's will has been already disclosed.

Q: A gift is given to the testator's issue or descendants, with each surviving descendant dividing the share that his or her parent would have taken if the parent had survived. This is known as division _____. A. per stirpes B. per capita C. inter vivos D. causa mortis

Q: Grandfather Summers had two children, Mary and Bill. Mary, her father's favorite, has one child, Margaret. Bill has two children, Jill and John. Mary and Bill die before Summers (in legal terms, predecease him), but all three grandchildren are living at the time of his death. Summers' estate has to be divided per capita. Who will get what? A. The spouses of Mary and Bill will inherit the estate. B. Mary's children will inherit the major share of the estate. C. All three grandchildren will get an equal share. D. The estate will go to a trust because Mary and Bill are dead.

Q: Which of the following is true of testamentary capacity? A. A person must be in perfect mental health in order to have testamentary capacity. B. A person must be 18 years of age (in most states) in order to have testamentary capacity. C. A person must have personal property in order to have testamentary capacity. D. A person must have real property in order to have testamentary capacity.

Q: If an ambiguity or conflict arises when people read and/or interpret a will, courts will: A. look for evidence of the intent of the testator within the will. B. ask the family members or beneficiaries for their preference(s). C. appoint a probate referee to decide the future of the will. D. declare it void or invalidate the will due to ambiguity in the will.

Q: Which of the following debts in an estate is liable for if owed by the decedent at the time of death? A. All of the decedent's debts B. Only debts secured by the decedent's property C. Only debts covered by the statute of frauds D. Only consumer debts

Q: When Rita Ryan died, she left a will naming her children, John and Dale, as the sole beneficiaries. In her will, Rita designated John as the executor of her estate and excused John from posting a bond as executor. At the time of Rita's death, she owned a parcel of land with her sister, Ann, as joint tenants with right of survivorship. With respect to Rita's interest in the land, it will pass to: A. John and Dale outside Rita's estate by right of survivorship. B. John and Dale through Rita's estate after the will is probated. C. Ann through Rita's estate after the will is probated. D. Ann outside Rita's estate by right of survivorship.

Q: A(n) _____ is a gift of personal property or money. A. estate B. bequest C. will D. deed

Q: What is a gift of real property called? A. Residuary B. Estate C. Bequest D. Devise

Q: Lineal descendantsthe children and grandchildren of a personare known as: A. devises. B. issues. C. residuary. D. obligees.

Q: The person who creates a trust is known as the beneficiary.

Q: Under the doctrine of cy pres, the trust will not fail if the settlor indicated a general intention to devote the property to charitable purposes.

Q: A Totten trust is created to avoid fraud.

Q: A person can have multiple domiciles at a time.

Q: If an individual dies without a will, then they are said to have died intestate.

Q: The probate process involves collecting the decedent's property, paying off debts, and distributing the remaining property to others.

Q: A personal representative to an estate is also known as an executor.

Q: The term codicil refers to an amendment to will.

Q: In some states the birth of a child will cause a will to be revoked.

Q: A living will is a will under which bequests and devises to beneficiaries take place while the testator is still alive.

Q: A durable power of attorney terminates when the principal becomes incapacitated.

Q: A testator's children would be called his issue.

Q: At the time of interpreting the will, the judge gives preference to the statements of the beneficiaries rather than the intention of the testator.

Q: A will confers no present interest in the testator's property.

Q: A testator can revoke a will before his death.

Q: An estate is all of the property that an individual owns.

Q: The residuary is the remaining property of a person's estate after bequests and devises have been made.

Q: A will that is not executed with the formalities required by state law is void.

Q: An interested party in a will can be a witness to the will.

Q: In order to be valid, a holographic will must be typed.

Q: Wally invited Dorothy to his apartment. While walking down the stairs in the main hallway of the apartment building, Dorothy tripped over a loose piece of wall-to-wall carpeting. When she fell to the floor, two of her teeth were knocked out. Dorothy has sued Wally and Marginal Properties, Inc. (the owner of the apartment building) for the dental expenses she incurred. Are Wally and Marginal liable? Explain.

Q: Property held in joint tenancy or tenancy by the entirety is not controlled by a will.

Q: A bequest in a will is a gift of personal property or money.

Q: Paul, an East State University physics major, rented an apartment from Jayvee Villas, Inc. for one year, beginning September 1, 1999. The lease contained a term giving Paul the right to renew his lease for an additional year, at a rent increase of $25 per month by giving notice to the landlord of his intent to renew at least 30 days before the termination of the lease. After the fall semester, Paul had an opportunity to study in Spain, so he assigned his lease to Joel for the remainder of the months covered by the lease (January through August 2000). If Joel failed to pay the rent for the month of August 2000; is Paul liable for the unpaid rent? Why or why not? Assuming now that Joel is not in arrears on the rent as of July and August 2000, would he (Joel) have the right to renew the lease under its renewal term? Discuss.

Q: Average State University students Ann, Bo, and Sherry are co-tenants under a ten-month lease of a River Heights apartment from complex owner Stella Slumlord. The monthly rent set forth in the lease is $480. All three co-tenants signed the lease, which has five more months to go. Ann, Bo, and Sherry have each been chipping in $160 per month to cover the rent. Slumlord was aware of the co-tenants' rent-sharing agreement. Bo recently flunked out of school and has returned to his parents' home in Reno, Nevada. Bo has informed Ann, Sherry, and Slumlord that he will no longer be sharing in the rent. Slumlord has made demands upon Ann and Sherry for payment of the full monthly rental of $480? Is Slumlord legally justified in making this demand? Explain.

Q: Baker is leasee of Jones, because of some personal reasons Baker wants to terminate the lease but the lease is for one year. Both are ready for termination. Can they terminate the tenancy in between?

Q: Generally, a landlord may evict a tenant by: A. moving the tenant out himself and suing to recover unpaid rent. B. moving the tenant out himself and changing the lock. C. finding a new the tenant to occupy the place. D. filing a lawsuit against the tenant.

Q: Gertrude has not paid rent for five months and Mary, her landlord, wants to evict her. While Gertrude is at work, Mary enters the apartment and changes the lock. Mary moves all of Gertrude's belongings into a storage locker. When Gertrude comes home from work, Mary gives the key to the storage locker. Which of the following is an accurate statement? A. Mary was not entitled to act as she did because Gertrude was just five months behind in her rent. B. Mary was entitled to act as she did because she protected Gertrude's belongings by placing them in a storage locker. C. Mary was entitled to act as she did because a landlord has a right to "self help" in a situation like this. D. Mary was not entitled to act since she performed an illegal eviction.

Q: Which of the following scenarios would justify eviction proceedings by a landlord? A. A tenant has abandoned the premises without any notice. B. A tenant has not paid rent for 5 consecutive months. C. A tenant has asked for the refund of the security deposit. D. A tenant wants to make necessary repairs in the premises.

Q: What is the term for when a tenant unjustifiable and permanently vacates a leased premises before the lease term. A. Foreclosure B. Sublease C. Abandonment D. Eviction

Q: Ned Nerdman rented an apartment from Best Properties, Inc. The apartment did not have a functioning lock on a sliding patio door. Nerdman had given Best notice of this defective condition at least three weeks earlier. Best did not install a lock. As Nerdman slept at night, Phil entered the apartment through the unlocked patio door, knocked Nerdman unconscious, and stole Nerdman's expensive computer. Does Nerdman have a good cause of action against Best? Explain your reasoning.

Q: Jill is a month-to-month tenant. She had not paid her rent for 3 months and Landlord Lou decided to evict her. He placed her furniture in a storage locker and changed the lock on her apartment. Lou's actions are: A. proper because Jill had breached her obligations as a tenant. B. proper because a landlord may evict a month-to-month tenant for any reason. C. improper because the law allows a landlord a reasonable right of "self-help." D. improper because Lou should have gone to court and obtained an order of eviction.

Q: A(n) _____ occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person. A. tenancy B. lease C. sublease D. assignment

Q: Which of the following is true of eviction? A. The law gives landlords the power to forcibly evict tenants who default on rents. B. An eviction results when the tenant unjustifiable vacates the leased premises. C. It results from a breach of contract by a tenant. D. The tenant need not be given a notice before eviction.

Q: Landlord wishes to evict Tenant from his apartment because Tenant is three months' behind on the rent. Tenant has indicated that he is unwilling to move out. Which of the following is an accurate statement about Landlord's rights and/or obligations under the circumstances? A. Landlord cannot sue Tenant; instead, Landlord must negotiate further with Tenant. B. Landlord may use the degree of force necessary to physically remove Tenant from the apartment. C. Landlord may change the locks on the apartment while Tenant is temporarily away, so that Tenant cannot get back in. D. Landlord has to follow the prescribed procedure for eviction in that State.

Q: Jessica a tenant invited her friend Angelina for dinner at her house. Jessica's carpet that was on the kitchen floor was in a torn condition. As Angelina walked over it, her leg got trapped and she fell down. Her knee got dislocated. Angelina can sue: A. neither Jessica nor the landlord. B. only the landlord. C. both Jessica and her landlord. D. only Jessica.

Q: Linda was visiting Jose at his apartment. While she was there, Linda slipped on a banana peel that Jose had negligently left on the kitchen floor. Linda was injured and sued both Jose and his landlord. Who is liable to Linda? A. Both Jose and the landlord are liable. B. Jose is liable because he was negligent. C. The landlord is liable for all accidents that happen in his apartment. D. No one is liable.

Q: Delta Corp. leased 60,000 square feet in an office building from Tanner under a written 25-year lease. Which of the following statements is correct? A. Tanner's death will terminate the lease and Delta will be able to recover any resulting damages from Tanner's estate. B. Tanner's sale of the office building will terminate the lease unless both Delta and the buyer consent to the assumption of the lease by the buyer. C. In the absence of a provision in the lease to the contrary, Delta does not need Tanner's consent to assign the lease to another party. D. Delta Corp. can legally take possession of Tanner's building at the end of the lease period.

Q: Sisk is a tenant of Met Co. and has two years remaining on a six-year lease executed by Sisk and Met. The lease prohibits subletting but is silent as to Sisk's right to assign the lease. Sisk assigns the lease to Kern Corp. which assumes all of Sisk's obligations under the lease. Met objects to the assignment. Which of the following statements is correct? A. The assignment to Kern is voidable at Met's option. B. Sisk would have been relieved from liability on the lease with Met if Sisk obtained Met's consent to the assignment. C. Sisk will remain liable to Met for the rent provided for in the lease. D. With respect to the rent provided for in the lease, Kern is liable to Sisk but not to Met.

Q: Which of the following statements is accurate in describing a sublease? A. It is another term for an assignment. B. It is used only in the context of commercial property. C. It is an agreement between the original owner and a third-party. D. A sublesee gets only partial rights.

Q: Maggie, the tenant under a one-year lease of an apartment, assigned the lease to her friend, Cosmo. Which of the following is a legally accurate statement? A. Maggie's assignment of the lease is the same thing as the granting of a sublease. B. If Cosmo fails to pay rent during the year covered by the lease, Maggie will be liable for it. C. The assignment extinguishes any further obligations Maggie may have under the lease. D. Maggie's assignment is called a tenancy for a period.

Q: Ace, Bud, and Chet leased an apartment from Stan Slumlord. They signed a lease that established a 12-month rental period at $400 per month as rent. Two months after the three tenants moved into the apartment, Ace and Bud moved out. Ace and Bud each moved to a different and distant state. Slumlord insists that Chet is responsible for the entire $400 per month rent. Is Slumlord correct? A. Slumlord is incorrect. Under these facts, each tenant is responsible for one-third of the rent payment as an implied term of the lease agreement. B. Slumlord is correct. The tenants are jointly and severally liable for the rent payments under the lease. C. Slumlord is incorrect. This is a tenancy at sufferance, meaning that any tenant may vacate without incurring liability for further rent payments. D. Slumlord is correct, if the lease was executed in a state that has adopted the Uniform Landlord-Tenant Act.

Q: Darwin, a college student leased a flat for 15 months which was to terminate in December 2009. Meanwhile he had to go to New Jersey for a project, so he sublet his flat to a friend. It means that: A. Darwin is not liable to the original owner anymore. B. Darwin has not transferred his remaining rights to his friend. C. Darwin has performed an illegal act. D. Darwin has actually performed an assignment.

Q: Which of the following is an accurate statement about limitations on assignment and subleasing in commercial lease agreements? A. Public policy supports limitations on assignment and subleasing; therefore, such limitations are almost always upheld. B. Ambiguous contract language limiting assignment of leases is narrowly construed and is usually resolved against the landlord. C. Provisions requiring a landlord's consent to assignment are almost never upheld by the courts. D. Total prohibitions against assignment can be enforced, and are favored under the law.

Q: Which of the following is characteristic of exculpatory clauses? A. Courts favor their use in leases of residential property B. Aids tenants in recovering damages from landlords C. Attempts to insulate landlords from negligence liability to tenants D. Enforceable only in residential property leases

Q: June included an exculpatory clause in the lease agreement for her house that May was renting. During her lease period, May slipped and fell on the staircase which was made of faulty and rotten floorboards. Can May recover damages from June if she files a lawsuit? A. Yes, because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable. B. Yes, because the lease period is not yet over. C. No, because May should have been more careful. D. No, because courts will probably enforce the exculpatory clause.

Q: Larry leased an apartment to Terry. The lease agreement prohibits Terry from assigning or subletting the property. Such a provision: A. is generally void. B. is unenforceable, unless Larry changes his mind. C. is unenforceable, unless Terry needs to sublet the property. D. is generally enforceable.

Q: Which of the following can provide relief to landlords from cases of negligence liability? A. Assignment B. Tort liability C. An Exculpatory clause in a lease D. Constructive eviction

Q: Why is the implied warranty of habitability considered to be superior to the doctrine of constructive eviction? A. The tenant does not have to vacate the premises to seek damages. B. Constructive eviction does not obligate the landlord to make repairs. C. Constructive eviction is applicable only to commercial property. D. Landlords need to pay damages to tenants.

Q: Brandon leased his house to Patrick for 5 months. A few days after moving in Patrick found that the house had several defects such as leaking taps, broken windows, faulty electrical wiring. Despite repeated requests, Brandon did not do the repairs. As a result, Patrick went ahead with the repairs and deducted the amount from the rent due that particular month. Brandon threatened to sue him. Brandon will: A. win the case because he is the owner of the house. B. win the case because a tenant has no right to repair defects. C. lose the case because he was informed of the defects before the repairs. D. lose the case because the law is biased toward tenants.

Q: Miranda leased an apartment, which had broken floorboards, from Gail. She invited her friend Claire for dinner one evening to the apartment; during the course of the evening, Claire slipped on the floorboards and broke her ankle. Which of the following is true of the case? A. Claire cannot recover any monetary damages. B. Claire cannot recover any damages for trauma. C. Claire can recover damages only from Miranda. D. Claire can recover damages from Gail.

Q: Teresa rented an apartment from Len for one year, beginning January 1st, 2008. When Teresa tried to take possession of the rental unit, Paul, a prior renter, was still there. Teresa asked Len to help her get Paul out. Len simply shrugged, telling Teresa that it was now her problem. A. Teresa must bring an eviction action against Paul. B. Teresa must wait for Paul to vacate the premises at his convenience. C. Len breached the implied warranty of possession. D. Len and Teresa have created a periodic tenancy.

Q: Magnum Corp. rented a building from Wheiler to set up an office for a 5 year lease period. After the office was set up, it was found that the paint was peeling off in many places, the washrooms were broken, and the floors were completely damaged. Magnum sued Wheiler for damages. Magnum will: A. win the case because Wheiler is the owner of the damaged premises. B. win the case because property leased for commercial purposes is the owner's responsibility. C. lose the case because the implied warranty of habitability is not applicable. D. lose the case because Wheiler has no responsibility to maintain his premises.

Q: In which of the following is the implied warranty of habitability applicable? A. Both residential and commercial property leases B. Only residential property leases C. Only commercial property leases D. Only agricultural property leases

Q: The common law held that landlords: A. did not have the right to evict tenants for nonpayment of rent. B. needed to make necessary repairs of their leased premises. C. were responsible for the injuries caused to tenant due to their negligence. D. made no implied warranties about the quality of leased premises.

Q: Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability? A. Action for damages B. Termination of the lease C. Rent abatement D. Appeal an injunction by the landlord

Q: Which of the following is an accurate statement of a general rule regarding security deposits obtained by landlords from tenants under residential property leases? A. If the landlord intends to retain part, but not all, of the tenant's security deposit, the landlord complies with applicable legal requirements if he verbally notifies the tenant of that intent. B. The landlord is not entitled to use any part of the security deposit to cover the cost of remedying ordinary wear and tear that occurred during the tenant's occupation of the property. C. The landlord is entitled to use any part of the security deposit as a way to recover unpaid rent. D. As a general rule, security deposits are generally nonrefundable unless the tenant makes a convincing written showing of why part or all of the security deposit should be refunded to him or her.

Q: Tanya, a tenant gave Lou, her landlord, a $1,000 security deposit when she moved in. When she moved out four years later, Lou withheld $500 from Tanya's deposit because the carpet was 50% worn out. This was the only damage in the apartment. The carpet has a normal useful life of eight years, and it costs $1,000. How much of the security deposit was Lou entitled to withhold? A. $500, because wear and tear is the responsibility of the tenant. B. Nothing; Tanya should replace the carpet before moving out. C. Nothing, because the wear and tear here was ordinary and reasonable. D. The entire value of the carpet, i.e., $1000.

Q: Bill leased a villa from Mark for a period of two years. Two months after he moved in, he was regularly disturbed by the noise created by a group of young boys living in the adjacent plot. Despite repeated requests to the neighbors and Mark, there has been no improvement in the situation. Which of the following is an accurate statement? A. Mark is liable to Bill under the implied warranty of quiet enjoyment. B. Bill cannot recover damages from either Mark or his neighbors. C. The neighbors have the right to live as they wish to. D. Bill cannot use the remedy of constructive eviction since he has leased residential. property.

Q: Which of the following is a characteristic of the doctrine of constructive eviction? A. It aids landlords to evict tenants who default on rents. B. It aids tenants to vacate property that is unsuitable. C. It requires no legal notice, either before or after eviction. D. It applies only to residential property.

Q: Which of the following is a tenancy for an indefinite period of time? A. Tenancy for a Term B. Tenancy at Sufferance C. Periodic Tenancy D. Tenancy at Will

Q: Leases are regulated by what government entity/laws? A. International treaties and International Organizations B. Federal government and U.S. Constitution C. State and Local D. Native American tribal governments