A trust that is created by imposing a disabling restraint, preventing the beneficiary from transferring her interest in the trust.
What is a spendthrift trust?
100
when a testator feels that they are being forced to execute a will against his or her wishes.
What is duress?
100
The amount of the spouse's elective share in Florida.
What is 30%?
100
"I give to O for life, and then to B, when B reaches 21." B has this type of future interest.
What is a vested remainder?
200
When a couple gets divorced most states do this with the ex-spouse's share of the will.
What is revokes any provision in the decedent’s will for the divorced spouse?
200
This trust is a created in a will.
What is a testementary trust?
200
These people are supposed to ensure against any issues of voluntariness in a will execution.
Who are witnesses?
200
The amount of an intestate spouse's share of the estate if the decedent had kids from another marriage.
What is 50%?
200
"To A for life, and then to B, as long as B uses the property for a public park. If B fails to use it as a public park, then to C." B has this type of future interest.
What is a vested remainder subject to total divestment?
300
A gift to a beneficiary who is dead when the will is executed.
What is void devise?
300
a revocable trust becomes this when the settlor dies.
What is irrevocable?
300
When a testator suffers under a false sense of reality that has no grounding in reality and makes decisions in the will based on that understanding.
What is an insane delusion?
300
A pretermitted spouse in Florida is presumed to get this share of a decedent's estate.
What is the spouse's intestacy share?
300
"To A, for as long as A uses this property as a nursing home." The grantor has this type of interest.
What is reversionary interest?
400
The rule in most states which forces residuary bequests that lapse to go through intestacy.
What is the "no residue of the residue" rule?
400
this is not really a trust, but is an equitable remedy forced upon a wrongdoer who had been unjustly enriched.
What is a constructive trust?
400
when a testator is induced to make a will based on false pretenses of a wrongdoer.
What is fraud?
400
Florida allows handwritten wills, but requires this.
What is two witnesses?
400
This power of attorney lasts through the grantor's incompetency.
What is a durable power of attorney?
500
Statutes which redirect a lapsed gift to the descendants of the predeceasing beneficiary, if certain requirements are met.
What is an antilapse statute?
500
The method of creating a trust when a settlor hands property over to a third party for the benefit of a beneficiary.
What is a deed of trust?
500
When a testator is susceptible to influence, is in a confidential relationship with someone, and appears to be taken advantage of by that confidant. This is usually evident in an unusual bequest to the confidant.
What is undue influence?
500
In Florida, these people are not precluded creditors by a spendthrift clause.
Who are spouses and children?
500
Testator leaves Beneficiary the "Heart of the Ocean" necklace that has been in the family for generations. The devise is also referred to as this type of devise.