...ts, and all persons who qualify as descendants satisfied any 120-hour survival requirement. Which claimants should be treated as Diego's descendants for intestate succession, and which should not? Explain. This essay tes...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code parent-child relationship provisions
...rother, "I am going to Gallery on Friday morning to pick up the blue landscapes." On Wednesday, Painter wrote in her diary, "The director stole two of my paintings last month." Gallery offers a draft will in Painter's fi...
Citations: Fed. R. Evid. 803(3), Fed. R. Evid. 105, Fed. R. Evid. 403
A trust directs Trustee to pay income to Dana for life and distribute principal to Quinn at Dana's death. Trustee is deciding whether to shift the portfolio into high-dividend bonds or growth stocks. The trust instrument...
Citations: Uniform Trust Code section 803
Omar executed and recorded a transfer-on-death deed naming his daughter, Lina, as beneficiary of his home. The deed complied with the state's TOD deed statute and stated that Omar retained full ownership during life. Two...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Real Property Transfer on Death Act principles, Uniform Probate Code nonprobate-transfer principles
On notebook paper, Testator handwrote, "At my death, I leave my house to Ana and the rest of my property to Ben." Testator signed and dated the paper. No witness signed. The state recognizes holographic wills if the sign...
Citations: Uniform Probate Code section 2-502
Pat and Noel were married for 22 years. Pat died owning a probate estate worth $90,000. Six months before death, after a serious diagnosis, Pat transferred $800,000 of investment accounts into a revocable trust naming Pa...
Citations: NCBE MEE Subject Matter Outline, Family Law, Uniform Probate Code sections 2-202, 2-213
Trustee wrongfully withdrew $200,000 from the trust and used the money as the down payment on a condominium titled in Trustee's individual name. The condominium later increased in value. The beneficiaries can identify th...
Citations: Uniform Trust Code section 1001, Common-law tracing principles
...trust property would be distributed 60 percent to her daughter, Mira, and 40 percent to her son, Owen. The trust stated, "Any amendment must be in a signed writing delivered to the trustee." Leah was the initial trustee...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code pour-over and nonprobate-transfer principles, Uniform Trust Code revocable trust principles
...livia's closest innocent adult relative. The state follows a 120-hour survival statute and a UPC-style slayer statute. Under the slayer statute, a slayer is treated as having predeceased the victim, but the slayer's inno...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code survival and slayer principles
...who survived Victor by more than 120 hours. The state has a 120-hour survival statute for intestate succession. Who takes Victor's estate? This question tests survival requirements and representation. Uniform Probate Co...
Citations: Uniform Probate Code survival principles
...ath to Nia." Decedent's will leaves the residue of the estate to Omar and does not mention the account. The POD designation was never revoked. Who takes the account at Decedent's death? This question tests payable-on-dea...
Citations: Uniform Probate Code multiple-party account principles
...e applying the statute to an employee who reported safety violations, and a Franklin Court of Appeal case rejecting a claim by an employee who complained only about personal scheduling. The File includes your client's em...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...naming Daughter as beneficiary of Owner's house. Owner is still alive and continues to live in the house. Daughter demands rent from Owner, claiming she became owner when the deed was recorded. Which statement is most ac...
Citations: Uniform Real Property Transfer on Death Act principles
...he principal to my brother, Ben." When Testator dies, Sam, Dana, Ben, and Dana's child, Pat, are all alive. Two years later, Dana dies before Sam, leaving Pat. Sam then dies. Ben argues that Dana had a vested remainder a...
Citations: Common-law future-interest classification principles, Uniform Probate Code construction principles
...ine from Child to Caregiver. Child alleges that Owner lacked capacity and that Caregiver threatened to withhold medication unless Owner made the change. The brokerage's online process is generally valid if used by a comp...
Citations: Uniform Probate Code nonprobate-transfer principles
...ed conveying Ranch to Friend, placed the deed in Owner's desk drawer, and told Neighbor, "I plan to give Ranch to Friend someday." Owner died before giving the deed to anyone. Friend found the deed after Owner's death an...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...siblings. No one disclaimed, and all survived Priya by the statutory survival period. Under the ordinary modern order of intestate succession, who takes Priya's estate? This question tests the order of intestate heirs a...
Citations: Uniform Probate Code heir-priority principles
...ller resold the racks in a commercially reasonable sale for $150 each and incurred $600 in reasonable storage and resale expenses. The seller saved $300 in delivery costs. Which statement best describes the seller's resa...
Citations: UCC 2-703, UCC 2-706, UCC 2-710, NCBE NextGen UBE Content Scope, Contracts
...ty were available, but the executive made no effort to apply for them and instead waited until the original contract term expired before suing for all remaining salary. Which statement best describes mitigation? The best...
Citations: Restatement (Second) of Contracts 350, NCBE NextGen UBE Content Scope, Contracts
...ully diverted a contract opportunity that belonged to the corporation and earned $600,000 in profit from it. Which remedy is most likely available? The correct answer states the principal remedies available when a fiduci...
Citations: General corporate opportunity principles
...defendant angrily confronted a rival outside a club, raised a knife, and said, "I am ending this tonight." The rival picked up a metal pipe and moved toward the defendant. The defendant did not retreat or say he wanted...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.1, Model Penal Code 210.3
...ts merger of inchoate offenses, completed target offenses, conspiracy survival, and Wharton's Rule. NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01, Model Penal Code 5.02, Model Penal Code 5.03, Model Penal Code 5.05
...a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a jury might believ...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
...stadium after drinking heavily. Security guards warned him that thousands of pedestrians were crossing the streets. The driver laughed, accelerated to 70 miles per hour through a red light, and swerved around stopped tr...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
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