FBBE Wills & Administration of Estates Questions and Answers

Question 1

A testator properly executes a will devising his entire estate to his best friend.
Two years later, the testator marries but does not update his will.
He dies a year after the marriage, survived by his spouse and his best friend.
Which of the following statements is most accurate regarding the surviving spouse's rights?

Accepted Answer

The spouse is entitled to an intestate share of the estate as a pretermitted spouse.

Answer

The spouse is entitled to an elective share of 30% of the elective estate.

Answer

The spouse is entitled only to what she would receive under the homestead laws, as the will predates the marriage.

Answer

The spouse has no rights to the estate because the will was validly executed before the marriage and left the entire estate to the best friend.

Question 2

A resident of Georgia dies owning a vacation condominium in Naples, Florida, in his sole name. His will, which was validly executed in Georgia, names his brother, a resident of New York, as the personal representative. Which type of administration is required in Florida to transfer title to the condominium?

Accepted Answer

Ancillary administration, because the decedent was a non-resident who owned Florida real property.

Answer

Summary administration, because the decedent was not a Florida resident.

Answer

Domiciliary administration, because the main probate will occur in Georgia.

Answer

No administration is needed in Florida; the Georgia personal representative can transfer the property with a deed.

Question 3

Which of the following is a mandatory requirement for the valid execution of a non-holographic, non-nuncupative will in Florida?

Accepted Answer

The testator must sign the will in the presence of two attesting witnesses.

Answer

The will must be notarized.

Answer

The witnesses must be 'disinterested,' meaning they do not receive any benefit under the will.

Answer

The will must be filed with the local circuit court within 30 days of execution.

Question 4

A testator's will contains the following bequests: (1) '$20,000 to my daughter, from the proceeds of my IBM stock,' (2) '$20,000 to my son,' and (3) 'the rest and residue of my estate to my spouse.' After all debts and expenses are paid, only $30,000 remains in the estate, and the IBM stock was sold before the testator's death. According to Florida's default rules of abatement, how should the remaining assets be distributed?

Accepted Answer

The son receives $20,000 and the daughter's gift fails completely due to ademption.

Answer

The son receives $20,000 and the spouse receives $10,000.

Answer

The son receives $15,000 and the spouse receives $15,000.

Answer

The spouse's residuary gift abates first, leaving the entire $30,000 to be split between the children.

Question 5

A testator, a Florida domiciliary, wishes to appoint her close friend and trusted financial advisor as the personal representative of her estate. The friend is a resident of Vermont and is not related to the testator. According to the Florida Probate Code, is the friend qualified to serve?

Accepted Answer

No, because the friend is not a Florida resident and does not meet any of the statutory exceptions.

Answer

Yes, if the will specifically waives the residency requirement.

Answer

Yes, if the friend posts a bond with the probate court.

Answer

No, unless a majority of the estate's beneficiaries consent in writing to the appointment.

Question 6

A surviving spouse in Florida is dissatisfied with the provision made for her in her deceased husband's will. She decides to claim her statutory right to a portion of his estate. What is this right called and what percentage of the estate is she entitled to?

Accepted Answer

Elective share; 30% of the elective estate.

Answer

Homestead right; a life estate or a one-half interest as a tenant in common.

Answer

Intestate share; 100% of the estate.

Answer

Dower right; one-third of the probate estate.