Q&A Hero

Q: Federal inheritance taxes are imposed on a person who receives a statutory share from an estate.

Q: Under the rule against perpetuities, when a private trust is created, the beneficiary must be known at the time.

Q: A trustee owes a duty of loyalty to the beneficiaries.

Q: Intestacy statutes are designed to reflect the presumed intent of the deceased.

Q: If a person who is entitled to a share of the decedent's estate survives the decedent but dies before receiving her share, her share in the decedent's estate becomes part of her own estate.

Q: Under the laws of some states, the birth of a child after the execution of a will may operate as a partial revocation of the will.

Q: A durable power of attorney terminates upon the incapacity of the principal.

Q: The standard for mental capacity to make a will is fairly low.

Q: A joint will can never be revoked.

Q: A nuncupative will is a will that is written and signed in the testator's handwriting.

Q: A person who inherits property under a will takes the property free of all outstanding claims against the property.

Q: The rights of beneficiaries are superior to the rights of creditors under a will.

Q: A person may amend her valid will by merely striking out objectionable provisions and inserting new provisions.

Q: Name the basic formalities required by most states in the execution of a will.

Q: Holographic wills are valid under which conditions?

Q: Explain durable power of attorney for health care.

Q: Describe the responsibilities of personal representative in the administration of an estate.

Q: Define a constructive trust and the duty it imposes on the constructive trustee.

Q: Spendthrift clauses: A. operate to restrict the voluntary or involuntary transfer of a beneficiary's interest in a trust. B. give the trustee discretion concerning the amount of principal or income to be paid to a beneficiary. C. enable a person to put their own property beyond the claims of their own creditors. D. prevent divorced spouses from claiming alimony.

Q: Under what circumstances can a tenant invoke the doctrine of constructive eviction?

Q: Explain the difference between an "assignment" and a "sublet."

Q: Lloyd deposits money in First Bank, in trust for his daughter, Kelly. At Lloyd's death, if he has not revoked this trust then: A. the money in the account will belong to Kelly. B. the money in the account will be transferred to a charitable organization. C. the money in the account will belong to the bank. D. the money will automatically belong to the state and will be used for the benefit of the society.

Q: Miriam established a trust by placing substantial funds in a trust account for the benefit of her son, Robert. Miriam appointed her brother, Fred, as trustee for the trust. In the trust document, she did not expressly define Fred's powers as trustee, or his duties. Under these circumstances: A. Fred must use a reasonable degree of skill, judgment, and care in the exercise of his duties. B. Fred does not owe any fiduciary duty to the beneficiary. C. Fred has the right to commingle his property with the property he holds in trust. D. Fred cannot delegate ministerial duties.

Q: Which of the following would terminate a lease? A. Assignment. B. A party's material breach of the lease. C. Landlord's unanimous decision. D. Subleasing.

Q: Identify the correct statement about abandonment. A. When a tenant abandons the leased property, the landlady has a duty to accept the surrender under any circumstances. B. If the landlady can't find a new tenant, she cannot sue the old tenant for the rent due for the remainder of the term. C. If a tenant abandons the leased property, he is making an offer to sublease the leasehold. D. The landlady can mitigate damages caused by the abandonment by attempting to rent the leased property to a new tenant.

Q: Define "tenancy for a term" and show how it differs from "periodic tenancy".

Q: Explain the Fair Housing Act. Under what circumstances, can people be exempted from this act?

Q: Explain the implied warranty of habitability, in a lease setting.

Q: Which of the following is a tenant's right? A. The tenant has the right to exclusive possession of the property only if there is an implied warranty of possession and habitability. B. The landlord is not entitled to enter the leased property without the tenant's consent, unless the lease specifies this. C. The tenant may use the leased premises for any purpose, whether lawful or unlawful. D. The tenant has the right to receive leased residential property in a habitable condition only at the beginning of the lease.

Q: Charlie and Violet signed a lease to rent an apartment from Joey. After moving into the apartment, they have a heated argument one day and Violet moves out. Under these circumstances: A. Joey may hold Charlie responsible for the entire rent. B. Joey may hold Charlie liable for only half the rent. C. there is an automatic termination of the lease by Joey. D. Joey will have to file a suit against Violet for the rent.

Q: When tenants transfer all of their remaining rights under a lease to a third party, a(n) ____ occurs. A. assignment B. sublease C. constructive eviction D. termination

Q: The duty not to commit waste means: A. the landlord has a duty not to do any act that would harm the property. B. the tenant is responsible for the care and upkeep of the property. C. the tenant has a duty to protect the property and take reasonable care to protect it from other's criminal conduct. D. the tenant has the duty to make repairs irrespective of whether the damage was caused by his negligence or not.

Q: _____ occurs when a tenant transfers to another person some, but not all, of his remaining right to possess the property. A. Subleasing B. Assignment C. Periodic tenancy D. Exclusive possession

Q: If a tenant breaches the lease, then the landlord can _____ the tenant. A. assign B. surrender C. evict D. abandon

Q: Graham is a landlord who owns an apartment where Sam and several other tenants live. Graham refuses to install lights, new locks, and a security system, even though Sam and several other tenants have been burglarized repeatedly in the past two weeks. Under the modern trend of landlord liability: A. Graham has no duty to protect Sam from third-party conduct. B. Graham can be held liable for breach of implied warranty of habitability. C. Graham has a duty to protect Sam and the other tenants from foreseeable criminal conduct. D. Graham is liable for breach of the implied warranty of quiet enjoyment.

Q: Title III of the Americans with Disabilities Act applies to landlords leasing: A. private property. B. a place of public accommodation. C. private property accommodating more than two people. D. private residential property for public use.

Q: A landlord has the duty: A. to ask the tenant to maintain common areas. B. not to commit waste on the property. C. to use reasonable care in performing repairs. D. to get the property in as good a condition as it was when leased.

Q: Sam Jackson rented an apartment from Landlords Inc. Sam invited Susie Brenner over for dinner. Susie slipped on a banana peel as she entered the apartment building on the common stairway. Under these circumstances: A. Sam is liable for Susie's injury since he invited her to the apartment. B. Landlords Inc. will be liable to Sam only. C. Susie can recover from Landlords if she can show that they did not use reasonable care in maintaining the stairway. D. Susie cannot recover as she was not a tenant of Landlords Inc.

Q: Which of the following is true for current trends in landlord's tort liabilities? A. The landlord will have liability only under standard housing codes and not under the implied warranty of habitability. B. The landlord will be not liable for lack of reasonable care in their maintenance of the leased property. C. The landlord will not be liable to protect tenants from substantial risks of harm created by other tenants. D. The landlord will have liability for defects that he/she had reasonable opportunities to repair, but didn't.

Q: Under the implied warranty of quiet enjoyment, a landlord: A. can enter the leased property during the term of the lease. B. may not enter the leased property during the term of the lease. C. can enter the leased property anytime as long as he/she does so quietly. D. may not interfere with any matter concerning the property.

Q: The implied warranty of habitability in lease situations requires: A. the landlord to ensure that the property is suitable for living. B. the tenants to maintain a habitable dwelling during the term of the lease. C. the tenants to comply with applicable housing codes. D. the landlord to terminate the lease if the warranty has been breached.

Q: _____ is remedy the tenant has for breach of implied warranty of habitability. A. New tenancy B. Lease extension C. Refund of the security deposit D. Rent abatement

Q: Constructive eviction is an unattractive option for some tenants because: A. the tenant has to share the repair expenses with the landlord. B. the tenant cannot terminate the lease. C. the tenant is required to vacate the leased premises. D. the tenant is required to vacate the leased premises and obligated to pay the rent for the remaining period.

Q: To be enforceable, most states require that a lease must be in writing: A. if it is for a term of more than three months from the date it is made. B. if it is for a term of more than one month from the date it is made. C. if it is for a term of more than one year from the date it is made. D. if it is for a term of more than six months from the date it is made.

Q: Statutes or ordinances designed to prevent abuse of security deposits by landlords: A. limit the amount the tenant may pay. B. require that the security deposit be refundable. C. allow landlords to withhold portions even when the tenant causes ordinary damage to the property. D. prohibit landlords from taking advance payments of rents from tenants.

Q: Which of the following statements is true about the Fair Housing Act? A. A landlord who uses a real estate broker is exempted from this act. B. It doesn't hold a landlord liable for refusing to allow a handicapped person from making reasonable modifications to the leased property. C. The act prohibits landlords from excluding families with children. D. The act prohibits discriminatory practices in various transactions affecting housing, except the rental of dwellings.

Q: Sam and his friend Louie agreed that Sam would lease an apartment from Louie for three months in the summer. On the date the lease was to begin, Sam arrived at the apartment and discovered that Louie's friend, Sheila was already living there. Under these circumstances, the lease between Sam and Louie: A. is unenforceable because it was a periodic tenancy. B. is unenforceable because it created a tenancy at will. C. is enforceable because Louie breached the covenant of quiet enjoyment. D. is enforceable because Louie violated the implied warranty of possession.

Q: Eli rents an old farmhouse from Kathy for a term to begin on July 31, 2006 and end on August 1, 2007. When Eli attempts to move in, he finds that Rose, the previous tenant, is still living in the house. Here, Kathy has breached: A. the implied warranty of habitability. B. the implied warranty of possession. C. the implied warranty of quiet enjoyment. D. the clauses of the Fair Housing Act.

Q: Which of the following statements is true for a tenancy at sufferance? A. If the landlord opts for a new tenancy, it again has to be a tenancy in sufferance. B. The landlord cannot bring any action against the tenant to eject him from the property. C. It occurs when a tenant pays rent on a yearly basis. D. It occurs when a tenant remains in possession of the property after the expiration of a lease.

Q: If the landlord and the tenant agree on a specific duration of the lease and fix the date on which the tenancy will end, it is a: A. periodic tenancy. B. tenancy at will. C. tenancy for a term. D. tenancy at sufferance.

Q: The URLTA: A. prohibits discrimination against tenants on the basis of color, religion, race, and national origin. B. prohibits the inclusion of exculpatory clauses in standard lease agreements that the landlords expect tenants to sign. C. prohibits the creation of tenancy at sufferance. D. prohibits the inclusion of clauses by which the tenant supposedly agrees to pay the landlord's attorney's fees in an action to enforce the lease.

Q: A periodic tenancy is also known as a(n): A. freehold estate. B. easement. C. a tenancy from year to year. D. a tenancy for years.

Q: A _____ occurs when property is leased for an indefinite period of time and either party may choose to conclude the tenancy at any time. A. tenancy at will B. tenancy at sufferance C. periodic tenancy D. tenancy for a term

Q: Dana rented a studio apartment from Mollie for one year, starting May 5, 1989 to May 5, 1990. Dana did not move out on May 5, 1990. Instead she sent Mollie a check for $300 stating "June rent", which Mollie accepted. In this case, Dana is a tenant: A. at will. B. at sufferance. C. with a periodic tenancy. D. for a term.

Q: Where damage to leased property arises through no fault of the tenant, that tenant still has a duty to take interim steps in order to prevent further damage from the elements.

Q: If David sublets his apartment to Annie, he is no longer liable to the landlord for the commitments he made in the lease.

Q: A valid surrender discharges the tenant from further liability under the lease.

Q: Which of the following statements is true about a lease? A. It was traditionally viewed as the lease of property for residential or commercial purposes. B. Federal legislatures have enacted statutes that regulate leased property and the landlord-tenant relationship. C. It conveys to the tenant the exclusive right to possess property for a period of time. D. Doctrines such as unconscionability are not applicable to leases.

Q: If a landlord and a tenant agree that the tenant will pay rent at regular intervals such as on a month-to-month basis, the agreement is a ___. A. tenancy at will B. tenancy at sufferance C. periodic tenancy D. tenancy for a term

Q: Security deposits protect the landlord's right to receive rent as well as her right to reversion of the property in good condition.

Q: In a majority of cases, the implied warranty of habitability applies to residential property and to property leased for commercial uses.

Q: Constructive eviction enables a tenant to terminate the lease on a property because she has effectively been evicted as a result of the poor condition or the objectionable circumstances there.

Q: Under the traditional rule, landlords are granted immunity from tort actions if the defects arise during the term of the lease.

Q: Landlords attempt to limit their liability through exculpatory clauses.

Q: A landlord is not liable for criminal acts committed by third persons against the landlord's tenants.

Q: A tenant is responsible for the care and upkeep of leased property, and is required to make major repairs if the damage was caused by his/her own negligence.

Q: Federal laws often regulate lease terms.

Q: The doctrine of unconscionability does not apply to leases.

Q: A lease is a contract by which the owner of property gives the exclusive right to possess the leased property to another person for a specific amount of time.

Q: A periodic tenancy cannot be terminated without either party giving advance notice to the other.

Q: A tenant who remains in possession of the property after the expiration of a lease cannot be made part of a new tenancy.

Q: Inverse condemnation occurs: A. when one property owner acquires title to neighboring property by occupying the property for a certain number of years. B. when a tenant acquires ownership of fixtures by occupying the property and using the fixtures. C. when the government takes land from the private property owners without having paid for it. D. when the government institutes a formal legal action to exercise eminent domain power.

Q: Describe how a person acquires title by adverse possession and give an example.

Q: Describe the purpose of the Fair Housing Act.

Q: Linda deeded her house for consideration to her friend, Oliver, by quitclaim deed. One year after the transfer, Oliver discovered that 50 year's earlier, Linda's great grandfather, then the owner of the property, had transferred part of the property to a local church. The church is now asserting ownership of the property and wants to build a parking lot on the lot. What action, if any, can Oliver bring against Linda to recover damages for breach of warranty of title in this case?

Q: Major Developer built a subdivision in which it offered a number of houses for sale. The Smiths bought one of these houses. During the first rain, water entered under the crawl space of the house. Water then accumulated to a depth of 17 inches in a room where the furnace and water heater were located. This frequently caused the water heater to perform inefficiently. With each rainfall, water continued to collect. The house became damp and developed a serious mildew problem. What remedies do the Smiths have?

Q: Define the legal meaning of "nuisance" and explain the two types of nuisances recognized by the law, using a scenario to illustrate each type.

Q: After a valid deed is delivered from grantor to grantee: A. title is still not effectively conveyed till witnessed by two people. B. the grantee should immediately record the deed. C. the grantee should post a "legal notice" in the newspaper. D. the grantee should get the deed deposited securely in a public office.

Q: Millie executed a deed and put it under her mattress along with a note directing that the deed is to be delivered to her cousin Don, upon her death. What will be the result of such an act? A. The deed effectively passes title to Don upon Millie's death. B. The deed is not effective to pass title after Millie's death as it is not delivered. C. The deed is not effective to pass title because Millie did not record it. D. The deed becomes effective and passes title to Don the day he gets it.

Q: An implied warranty of habitability: A. guarantees that a house is free of hidden defects that would render it unsafe for human habitation. B. applies to any ordinary seller of a house, and not just builders, builder-vendors, and developers. C. when breached, subjects the defendant to liability measured only by the cost of repairs. D. does not extend to a subsequent purchaser.