FREE MA Bar Trusts and Estates Questions and Answers

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Which of the following best describes a "per stirpes" distribution under Massachusetts law?

Correct! Wrong!

"Per stirpes" distribution means that if an heir predeceases the testator, that heir's share is distributed equally among his or her descendants.

What is the legal effect if a Massachusetts resident dies intestate (without a will)?

Correct! Wrong!

If a person dies intestate in Massachusetts, the estate is distributed according to the state’s intestacy laws, which determine the heirs based on their relationship to the deceased.

Which of the following is required for a valid will in Massachusetts?

Correct! Wrong!

In Massachusetts, the testator must be at least 18 years old for a will to be valid. The will must also be in writing, signed by the testator, and witnessed by at least two people.

Which of the following can revoke a previously valid will in Massachusetts?

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A will can be revoked by the testator physically destroying it with the intent to revoke, such as by tearing or burning it.

In Massachusetts, what is the elective share for a surviving spouse if the decedent left no children or descendants?

Correct! Wrong!

If a decedent in Massachusetts leaves no children or descendants, the surviving spouse is entitled to the entire estate as an elective share.