Estate Planning and Elder Law

Description: Estate Planning and Elder Law Quiz
Number of Questions: 15
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Tags: estate planning elder law probate law
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Which of the following is not a common type of estate planning document?

  1. Will

  2. Trust

  3. Power of Attorney

  4. Mortgage


Correct Option: D
Explanation:

A mortgage is a legal document that creates a lien on a property as security for a loan. It is not a type of estate planning document.

What is the purpose of a living trust?

  1. To avoid probate

  2. To provide for the management of assets during incapacity

  3. To reduce taxes

  4. All of the above


Correct Option: D
Explanation:

A living trust is a legal document that transfers assets to a trustee, who holds and manages them for the benefit of the beneficiaries. Living trusts can be used to avoid probate, provide for the management of assets during incapacity, and reduce taxes.

What is the difference between a will and a trust?

  1. A will takes effect after death, while a trust takes effect during life.

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

  3. A will distributes assets to beneficiaries outright, while a trust can provide for the management and distribution of assets over time.

  4. All of the above


Correct Option: D
Explanation:

A will is a legal document that directs how a person's assets will be distributed after death. A trust is a legal document that transfers assets to a trustee, who holds and manages them for the benefit of the beneficiaries. Wills are revocable, while trusts are generally irrevocable. Wills distribute assets to beneficiaries outright, while trusts can provide for the management and distribution of assets over time.

Who is responsible for administering a will?

  1. The executor

  2. The trustee

  3. The probate court

  4. The beneficiaries


Correct Option: A
Explanation:

The executor is the person who is appointed by the testator to administer the will. The executor is responsible for gathering the testator's assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.

What is the purpose of a durable power of attorney?

  1. To allow someone to make financial decisions on behalf of another person who is incapacitated.

  2. To allow someone to make medical decisions on behalf of another person who is incapacitated.

  3. To allow someone to sell property on behalf of another person who is incapacitated.

  4. All of the above


Correct Option: D
Explanation:

A durable power of attorney is a legal document that allows someone to make financial, medical, and legal decisions on behalf of another person who is incapacitated. Durable powers of attorney are often used to provide for the care of an elderly or disabled person.

What is the purpose of a health care proxy?

  1. To allow someone to make medical decisions on behalf of another person who is incapacitated.

  2. To allow someone to make financial decisions on behalf of another person who is incapacitated.

  3. To allow someone to sell property on behalf of another person who is incapacitated.

  4. None of the above


Correct Option: A
Explanation:

A health care proxy is a legal document that allows someone to make medical decisions on behalf of another person who is incapacitated. Health care proxies are often used to provide for the care of an elderly or disabled person.

What is the difference between a conservatorship and a guardianship?

  1. A conservatorship is for adults, while a guardianship is for minors.

  2. A conservatorship is for people who are incapacitated, while a guardianship is for people who are not incapacitated.

  3. A conservatorship is for people who need help with their finances, while a guardianship is for people who need help with their personal care.

  4. All of the above


Correct Option: D
Explanation:

A conservatorship is a legal proceeding in which a court appoints a person to manage the financial affairs of another person who is incapacitated. A guardianship is a legal proceeding in which a court appoints a person to make personal care decisions for another person who is incapacitated. Conservatorships are typically for adults, while guardianships are typically for minors. However, there are some exceptions to these rules.

What is the purpose of Medicaid planning?

  1. To help people qualify for Medicaid benefits.

  2. To protect assets from nursing home costs.

  3. To reduce taxes.

  4. All of the above


Correct Option: D
Explanation:

Medicaid planning is a legal strategy that helps people qualify for Medicaid benefits, protect assets from nursing home costs, and reduce taxes. Medicaid planning can be complex, so it is important to consult with an attorney who is experienced in this area of law.

What is the difference between probate and non-probate assets?

  1. Probate assets are subject to probate, while non-probate assets are not.

  2. Probate assets are distributed according to the will, while non-probate assets are distributed according to state law.

  3. Probate assets are taxed, while non-probate assets are not.

  4. All of the above


Correct Option: D
Explanation:

Probate assets are assets that are subject to probate, which is the legal process of administering a will and distributing the deceased person's assets. Non-probate assets are assets that are not subject to probate, such as assets that are held in a trust or that have a beneficiary designation.

What is the federal estate tax exemption?

  1. $11.7 million

  2. $12.06 million

  3. $12.92 million

  4. $13.4 million


Correct Option: B
Explanation:

The federal estate tax exemption is $12.06 million for 2023. This means that a person can pass up to $12.06 million to their heirs without paying federal estate tax.

What is the generation-skipping transfer tax?

  1. A tax on gifts and inheritances that skip a generation.

  2. A tax on gifts and inheritances that are made to a trust.

  3. A tax on gifts and inheritances that are made to a non-citizen.

  4. A tax on gifts and inheritances that are made to a charity.


Correct Option: A
Explanation:

The generation-skipping transfer tax is a tax on gifts and inheritances that skip a generation. For example, if a grandparent gives money or property to a grandchild, the transfer is subject to the generation-skipping transfer tax.

What is the purpose of a qualified personal residence trust?

  1. To allow a person to pass their home to their heirs without paying estate tax.

  2. To provide a lifetime income stream for the person who creates the trust.

  3. To protect the home from creditors.

  4. All of the above


Correct Option: D
Explanation:

A qualified personal residence trust (QPRT) is a type of trust that allows a person to pass their home to their heirs without paying estate tax. QPRTs also provide a lifetime income stream for the person who creates the trust and protect the home from creditors.

What is the purpose of a charitable remainder trust?

  1. To provide a lifetime income stream for the person who creates the trust.

  2. To provide a tax deduction for the person who creates the trust.

  3. To benefit a charity.

  4. All of the above


Correct Option: D
Explanation:

A charitable remainder trust (CRT) is a type of trust that provides a lifetime income stream for the person who creates the trust, a tax deduction for the person who creates the trust, and a benefit to a charity.

What is the purpose of a dynasty trust?

  1. To pass wealth to future generations without paying estate tax.

  2. To provide a lifetime income stream for the person who creates the trust.

  3. To protect assets from creditors.

  4. All of the above


Correct Option: A
Explanation:

A dynasty trust is a type of trust that is designed to pass wealth to future generations without paying estate tax. Dynasty trusts are often used by wealthy families to preserve their wealth for future generations.

What is the purpose of an irrevocable life insurance trust?

  1. To remove life insurance proceeds from the taxable estate.

  2. To provide a death benefit for the beneficiaries.

  3. To protect the life insurance proceeds from creditors.

  4. All of the above


Correct Option: D
Explanation:

An irrevocable life insurance trust (ILIT) is a type of trust that is used to remove life insurance proceeds from the taxable estate, provide a death benefit for the beneficiaries, and protect the life insurance proceeds from creditors.

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