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Estate Planning for Same-Sex Couples

Description: Estate Planning for Same-Sex Couples Quiz
Number of Questions: 15
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Tags: estate planning same-sex couples law
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What is the primary purpose of estate planning for same-sex couples?

  1. To ensure that assets are distributed according to the couple's wishes.

  2. To minimize estate taxes.

  3. To protect the surviving spouse from financial hardship.

  4. All of the above.


Correct Option: D
Explanation:

Estate planning for same-sex couples is important to ensure that assets are distributed according to the couple's wishes, to minimize estate taxes, and to protect the surviving spouse from financial hardship.

Which of the following is NOT a common estate planning tool used by same-sex couples?

  1. Wills

  2. Trusts

  3. Joint tenancy

  4. Prenuptial agreements


Correct Option: D
Explanation:

Prenuptial agreements are not typically used in estate planning for same-sex couples because they are not recognized in all states.

What is the advantage of using a trust in estate planning for same-sex couples?

  1. Trusts can be used to avoid probate.

  2. Trusts can be used to protect assets from creditors.

  3. Trusts can be used to provide for the surviving spouse's financial needs.

  4. All of the above.


Correct Option: D
Explanation:

Trusts can be used to avoid probate, protect assets from creditors, and provide for the surviving spouse's financial needs.

What is the difference between a joint tenancy and a tenancy in common?

  1. In a joint tenancy, both owners have equal rights to the property.

  2. In a tenancy in common, each owner has a separate share of the property.

  3. In a joint tenancy, the surviving owner automatically inherits the deceased owner's share of the property.

  4. Both A and C.


Correct Option: D
Explanation:

In a joint tenancy, both owners have equal rights to the property and the surviving owner automatically inherits the deceased owner's share of the property.

Which of the following is NOT a consideration when choosing an executor for an estate?

  1. The executor's relationship with the deceased.

  2. The executor's financial experience.

  3. The executor's age and health.

  4. The executor's location.


Correct Option: D
Explanation:

The executor's location is not a consideration when choosing an executor for an estate.

What is the purpose of a durable power of attorney?

  1. To allow someone else to make financial decisions on your behalf if you become incapacitated.

  2. To allow someone else to make medical decisions on your behalf if you become incapacitated.

  3. Both A and B.

  4. Neither A nor B.


Correct Option: C
Explanation:

A durable power of attorney allows someone else to make financial and medical decisions on your behalf if you become incapacitated.

What is the difference between a will and a living trust?

  1. A will takes effect after you die, while a living trust takes effect during your lifetime.

  2. A will is revocable, while a living trust is irrevocable.

  3. A will is more expensive to create than a living trust.

  4. Both A and B.


Correct Option: D
Explanation:

A will takes effect after you die, while a living trust takes effect during your lifetime. A will is revocable, while a living trust is irrevocable. A will is more expensive to create than a living trust.

Which of the following is NOT a common estate planning strategy for same-sex couples?

  1. Creating a joint tenancy.

  2. Establishing a living trust.

  3. Adopting children.

  4. Purchasing life insurance.


Correct Option: C
Explanation:

Adopting children is not a common estate planning strategy for same-sex couples because it is not always possible for same-sex couples to adopt children.

What is the federal estate tax exemption for 2023?

  1. $12.92 million

  2. $11.7 million

  3. $10.49 million

  4. $9.1 million


Correct Option: A
Explanation:

The federal estate tax exemption for 2023 is $12.92 million.

Which of the following is NOT a benefit of using a living trust in estate planning?

  1. Avoiding probate.

  2. Protecting assets from creditors.

  3. Providing for the surviving spouse's financial needs.

  4. Reducing estate taxes.


Correct Option: D
Explanation:

Living trusts do not reduce estate taxes.

What is the purpose of a prenuptial agreement?

  1. To protect the financial interests of each spouse in the event of a divorce.

  2. To establish the terms of spousal support in the event of a divorce.

  3. To determine how assets will be divided in the event of a divorce.

  4. All of the above.


Correct Option: D
Explanation:

A prenuptial agreement can be used to protect the financial interests of each spouse in the event of a divorce, establish the terms of spousal support in the event of a divorce, and determine how assets will be divided in the event of a divorce.

Which of the following is NOT a common estate planning document?

  1. Will

  2. Trust

  3. Power of attorney

  4. Birth certificate


Correct Option: D
Explanation:

A birth certificate is not a common estate planning document.

What is the difference between a revocable living trust and an irrevocable living trust?

  1. A revocable living trust can be changed or terminated at any time, while an irrevocable living trust cannot.

  2. A revocable living trust takes effect during your lifetime, while an irrevocable living trust takes effect after your death.

  3. A revocable living trust is more expensive to create than an irrevocable living trust.

  4. Both A and B.


Correct Option: D
Explanation:

A revocable living trust can be changed or terminated at any time, while an irrevocable living trust cannot. A revocable living trust takes effect during your lifetime, while an irrevocable living trust takes effect after your death. A revocable living trust is more expensive to create than an irrevocable living trust.

What is the purpose of a living will?

  1. To state your wishes regarding end-of-life medical treatment.

  2. To appoint a healthcare proxy to make medical decisions on your behalf if you become incapacitated.

  3. Both A and B.

  4. Neither A nor B.


Correct Option: C
Explanation:

A living will states your wishes regarding end-of-life medical treatment and appoints a healthcare proxy to make medical decisions on your behalf if you become incapacitated.

What is the difference between a bequest and a devise?

  1. A bequest is a gift of personal property, while a devise is a gift of real property.

  2. A bequest is made in a will, while a devise is made in a trust.

  3. A bequest is taxable, while a devise is not.

  4. Both A and B.


Correct Option: A
Explanation:

A bequest is a gift of personal property, while a devise is a gift of real property.

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