Siegel's Wills and Trusts: Essay and Multiple-Choice Questions and Answers

Siegel's Wills and Trusts: Essay and Multiple-Choice Questions and Answers

by Brian N. Siegel, Lazar Emanuel, Marsh C. Brilliant
     
 

ISBN-10: 0735578907

ISBN-13: 9780735578906

Pub. Date: 10/02/2009

Publisher: Wolters Kluwer Law & Business

Many claim that briefing cases in law school prepares you to spot issues on a final exam. Experience will tell you, there is a big difference between reading opinions in which the legal priciples are clearly stated, and applying those same principles in complex hypotheticals and multiple-choice, questions. Siegel's Wills And Trusts: Essay And Multiple-Choice

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Overview

Many claim that briefing cases in law school prepares you to spot issues on a final exam. Experience will tell you, there is a big difference between reading opinions in which the legal priciples are clearly stated, and applying those same principles in complex hypotheticals and multiple-choice, questions. Siegel's Wills And Trusts: Essay And Multiple-Choice Questions And Answers briges the gap by showing you how to spot multiple-issues, make subtle distinctions among similar multiple-choice answers, and write effective essays on your final exam.

Siegel's wills and Trusts: Essay and Multiple-Choice Questions and Answers is Your go-to resource for learning how to take an exam:

Straightforward instruction, advice, and exam-taking tips

How to make the most of your study time

How to correctly interpret and understand the essay question

Issue spotting and addressing myriad issues in your essay

Successfully using the tried-and-true tools of analysis

Succinctly organizing your answer

28 essay questions give your practice issue-spotting and writing concise answers

Model essay answers let you check your work-complete explanations help you understand the answers

101 multiple-choice questions with answers thoroughly explain the differences among similar answers

Numerous new essay and multiple-choice questions with answers

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Product Details

ISBN-13:
9780735578906
Publisher:
Wolters Kluwer Law & Business
Publication date:
10/02/2009
Edition description:
Revised
Pages:
263
Product dimensions:
6.90(w) x 9.90(h) x 0.70(d)

Table of Contents

Preparing Effectively for Essay Examinations

The "ERC" Process 1

Issue-Spotting 3

How to Discuss an Issue 4

Structuring Your Answer 7

Discuss AH Possible Issues 8

Delineate the Transition from One Issue to the Next 10

Understanding the "Call" of a Question 10

The Importance of Analyzing the Question Carefully Before Writing 11

When to Make an Assumption 11

Case Names 13

How to Handle Time Pressures 13

Typing and Writing 14

The Importance of Reviewing Prior Exams 14

As Always, a Caveat 16

Essay Questions

Question 1 (Wills-Validity, Revocation, Revival, Intestacy, Interpretation) 19

Question 2 (Wills-Formalities for Making, Proving in Probate, Revocation, Protection of Spouse) 20

Question 3 (Wills-Fraud in the Inducement, Revival, Ademption) 21

Question 4 (Wills - Failure of Gift; Trusts-Creation of Inter Vivos Trust, Ademption) 22

Question 5 (Trusts-Creation of Inter Vivos Trust, Creation of Testamentary Trust) 23

Question 6 (Wills-Formalities for Making, Revocation; Trusts-Constructive Trust) 24

Question 7 (Trusts-Trustee's Duty of Loyalty, Spendthrift Trust) 25

Question 8 (Wills-Bequest to Former Spouse, Stock Dividends; Trusts-Creation, Revocation, Distribution of Assets) 26

Question 9 (Wills-Omitted Child, Incorporation of Trust by Reference, Antilapse Provision, Interested Witness; Trusts-Modification, Spendthrift) 27

Question 10 (Wills-Holographic Wills, Pretermitted Heir, Interested Witness, Ademption; Satisfaction) 28

Question 11 (Trusts-Creation of Charitable Trust, Delivery of Trust Res, Cy Pres Doctrine) 29

Question 12 (Wills-Ademption, Incorporation by Reference, Deceased Devisee, Stock Dividend, Bequest to Divorced Spouse;Trusts-Totten Trust) 30

Question 13 (Wills-Omitted Spouse, Revocation of Earlier Will,. Effect of Codicil, Testator's Mistake) 31

Question 14 (Wills-Formalities for Making, Interested Witness, Revocation of Particular Bequest, Partial Intestacy; Trusts -Semisecret Trust) 32

Question 15 (Wills-Formalities for Making, Revocation, Revival Interpretation) 33

Question 16 (Wills-Formalities for Making, Incorporation by Reference, Stock Dividend, Interpretation) 34

Question 17 (Trusts-Determining the Beneficiaries, Standards for Trustee's Conduct) 36

Question 18 (Wills-Formalities for Making, Stock from Merger, Intestacy, Pretermitted Spouse, Abatement) 37

Question 19 (Wills-Formalities for Making, Republication, Incorporation by Reference, Events of Independent Significance Doctrine) 38

Question 20 (Wills-Revocation, Incorporation by Reference, Distribution to "Heirs," Intestate Distribution) 39

Question 21 (Wills-Formalities for Making, Revocation, Antilapse Provision, Constructive Trust, Intestacy) 40

Question 22 (Wills-Simultaneous Deaths of Testator and Beneficiary, Class Gift, Antilapse Provision, Factual Mistake by Testator) 41

Question 23 (Trusts - Revocation, Spendthrift Trust, Termination) 42

Question 24 (Wills-Admissibility to Probate, Destruction of Devised Property, Stock Split, Antilapse Statute, Intestacy) 43

Question 25 (Wills-Nonprobate Assets, Revocation on Divorce, Lapse, Antilapse, Cy Pres, Pretermitted Spouse) 44

Question 26 (Trusts-Ascertainable Beneficiaries, Delivery of Inter Vivos Gift, Intent to Create Trust, Vested Remainders; Wills-Codicils) 45

Question 27 (Trusts-Power of Sale, Duty of Loyalty, Self-Dealing, Duty of Prudent Investment) 47

Question 28 (Trusts - Creation, Oral Trusts, Duty of Loyalty, Duty to Inform, Actions Against Trustees) 48

Essay Answers

Answer to Question1 51

Answer to Question 2 56

Answer to Question 3 60

Answer to Question 4 63

Answer to Question 5 67

Answer to Question 6 71

Answer to Question 7 74

Answer to Question 8 77

Answer to Question 9 80

Answer to Question 10 83

Answer to Question 11 87

Answer to Question 12 90

Answer to Question 13 94

Answer to Question 14 98

Answer to Question 15 102

Answer to Question 16 107

Answer to Question 17 115

Answer to Question 18 119

Answer to Question 19 123

Answer to Question 20 128

Answer to Question 21 132

Answer to Question 22 135

Answer to Question 23 141

Answer to Question 24 144

Answer to Question 25 147

Answer to Question 26 150

Answer to Question 27 153

Answer to Question 28 156

Multiple-Choice Questions

Questions 1 through 101 161

Multiple-Choice Answers

Answers to Questions 1 through 101 205

Tables and Index

Table of References to the Uniform Probate Code (UPC) 249

Table of References to the Uniform Trust Code 251

Table of References to the Restatement (Second) of Trusts 253

Table of References to the Restatement (Third) of Trusts 255

Alphabetical index, listing issues by the number of the question raising the issue 257

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