Wills, Trusts and Estates Questions with

Wills, Trusts and Estates Questions with Complete Solutions (Latest 2025) Non-Probate Assets - Correct Answers ✅Non-probate assets are those assets with a beneficiary designation or held as joint tenants with rights of survivorship. Non-probate assets also include assets held in the name of a Trust or with a Trust named as the beneficiary. Assets with beneficiary designations may include life insurance policies, 401(k)s, IRAs, annuities, and assets with a pay-on-death (POD) or transfer-on-death (TOD) designation. These assets will pass directly to the named beneficiaries. Any asset held as joint tenants with rights of survivorship (JTWROS) will pass directly to the surviving joint owner. Non-probate assets can be claimed by the beneficiaries without involvement of the probate court. A Will does not control these assets.Probate - Correct Answers ✅Probate assets are those assets held in the decedent's individual name only, with no beneficiary designation and not held as joint tenants with rights of survivorship. These assets are required to pass through probate court and be distributed according to the decedent's Will, and if there is no Will, according to state statute. Examples may include real estate, stock, or a bank account titled in the decedent's name alone.When you are deciding who will benefit from your estate and to what degree, it is important to consider both your probate and non-probate assets. Even if you have a trust, you may end up with probate assets if the trust is not funded or if beneficiary designations are not updated appropriately. 1 / 4

Wills, Trusts and Estates Questions with Complete Solutions (Latest 2025) • RAP = Rules Against Perpetuities - Correct Answers ✅o Forbids future interests that could potentially vest after the established time period.

• "No interest is good unless it must vest, if at all, not later

than twenty-one years after the death of some life in being at the creation of the interest." • Shapira v. Union National Bank (Facts) - Correct Answers ✅o P allege that the conditions to his (and his brothers') inheritances are unconstitutional, contrary to public policy, and unreasonable.

• "My son ... should receive his share of the bequest only if he

is married at the time of my death to a Jewish girl whose parents were both Jewish." | "If not married at the time of death to Jewish girl, 7 years to do so or his share goes to the State of Israel."

• Court had to decide whether to impose the dead hand (of

Shapira in controlling the condition and the inheritance).Shapira v. Union National Bank Constitutionality / Partial restraint - Correct Answers ✅♣ Constitutionality - Court said that this is not unconstitutional • Loving v. VA - Equal Protection and Due Process Clauses of the 14th Amendment.

• Freedom of choice to marry may not be restricted by

invidious racial discrimination. 2 / 4

Wills, Trusts and Estates Questions with Complete Solutions (Latest 2025) • Shelley v. Kraemer - state action prohibited by the 14th Amendment.• Applicability in this case - Right to receive property by will is not a natural right created or guaranteed by the state or US constitution. Rather, it is a created by the will, thus, the conditions set forth by Dr. Shapira is upheld and does not offend the Constitution of the US or the state.♣ Public Policy - This is a more interesting topic for the Prof. | Prof. thinks this is a question of weighing and imposes a

significant restriction. Operative word: balancing

• Partial Restraint - condition is that he should marry a Jewish girl whose both parents are Jewish for P to get his inheritance.

• Partial restraint in marriage which imposes only reasonable

restrictions is valid, and not contrary to public policy.

• P contends that state restricts such condition; that a

testator may not attach a condition to a gift which is in violation of public policy.

o Holding/Reasoning: Conditions are valid because the true

wish of Dr. Shapiro was not simply by providing financial gain to his sons but rather for his property to encourage the preservation of the Jewish faith and blood, if not through his sons, then through the State of Israel.♣ Hackett v. Hackett - Correct Answers ✅Free choice of religious practice cannot be circumscribed or controlled by K. 3 / 4

Wills, Trusts and Estates Questions with Complete Solutions (Latest 2025) PA - Testamentary gifts conditioned upon religious faith of the beneficiary vs. conditioned upon marriage to persons of a particular religious faith ♣ Clayton's Estate - Correct Answers ✅- upheld a gift of life estate conditioned upon the beneficiary's not marrying a Catholic woman. [This was reasoned to be OK since the marriage did not affect the faith of the beneficiary] Drace v. Klinedinst - - Correct Answers ✅a life estate willed to grandchildren, provided that they remain to a particular religion is a violation of public policy.♣ (Hodgson v. Halford) o UK - partial restrictions on marriage

• Correct Answers ✅Courts held that partial restrictions

upon marriage to persons not of the Jewish faith or parentage are not invalid or contrary to public policy. (Hodgson v.Halford) (Re. Wolffe) - Correct Answers ✅♣ But other cases with similar provisions are upheld as the court found no difficulty with indefiniteness where the legatee married unquestionably outside the Jewish faith.♣ Reasonableness • Maddox v. Maddox

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