Trust created a $2 million trust for Settlor's spouse, Mira, for life, remainder to Settlor's children, Noah and Priya. Trustee, who is Settlor's cousin, owned 40 percent of a struggling real estate company. Without tell...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 802, 1001, and 1002
Trust directs Trustee to pay income to Aunt Lila for life, then distribute principal to Settlor's grandchildren. Trustee is Settlor's friend. For six years, Trustee sent Lila checks but provided no accountings to Lila or...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 813, 1001, and 1005
Trust provides: "Pay income to my spouse, Rosa, for life. Trustee may distribute principal to Rosa as needed for health and support. At Rosa's death, distribute remaining principal to my children, Ben and Callie." Truste...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 803, 814, 1001, and 1002
Trust requires Trustee to maintain a family farm unless all adult beneficiaries consent to a sale. The trust also states, "Trustee shall not be liable for mistakes in judgment made in good faith." Without seeking consent...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 801, 1001, 1002, and 1008
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
A trust provides income to Parent for life, then principal to Parent's children. Parent has two children when Parent dies, and one child is then entitled to distribution. Absent contrary intent, what rule often determine...
Citations: Common-law class gift principles
Galen transferred $400,000 to City Bank "as trustee to invest and distribute income equally to my children, Lina and Omar, for 10 years, then distribute principal equally to them." City Bank signed a receipt but later de...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 402 and 704
In a federal antitrust case, the plaintiff served 40 interrogatories on the defendant. Several interrogatories asked the defendant to identify facts supporting its affirmative defenses. Others asked for sales figures tha...
Citations: Fed. R. Civ. P. 33
Settlor signed a valid trust instrument and transferred $300,000 to Trust Company "as trustee for my grandchildren." The instrument imposed investment and distribution duties. Trust Company declined to serve before makin...
Citations: Uniform Trust Code section 704
Trustee asked Beneficiary to sign a release approving Trustee's purchase of trust property. Trustee told Beneficiary the price was fair but did not disclose that Trustee was the buyer, that Trustee had obtained a lower p...
Citations: Uniform Trust Code section 1009
Trustee pays income to Life Beneficiary and will distribute principal to Remainder Beneficiary when Life Beneficiary dies. Remainder Beneficiary asks for recent account statements after learning that trust assets may hav...
Citations: Uniform Trust Code section 813
...igible for tribal membership is the subject of a private adoption and termination proceeding. The agency knows of the child's tribal connection but did not notify the tribe before seeking termination. Which statement is...
Citations: Indian Child Welfare Act, 25 U.S.C. sections 1901-1963, Haaland v. Brackeen, 599 U.S. 255 (2023)
A musician's will leaves $200,000 to Trustee "to distribute among my most loyal fans, in Trustee's absolute discretion." The will provides no way to determine who qualifies as a loyal fan and states no charitable purpose...
Citations: Uniform Trust Code section 402
A trust instrument states, "Trustee is not liable for mistakes in judgment made in good faith." Trustee later intentionally hides a conflict of interest and transfers trust assets to a business Trustee owns. Beneficiarie...
Citations: Uniform Trust Code section 1008
A trust provides income to Child for life, then principal "to my grandchildren who reach age 30." At the settlor's death, there are two living grandchildren, both under age 30. How should the grandchildren's interests ge...
Citations: Common-law future-interest classification principles, Uniform Probate Code construction principles
A trust was funded almost entirely with stock in one public company. The trust instrument did not direct retention of the stock. For four years, Trustee kept the entire position without reviewing the beneficiaries' needs...
Citations: Uniform Trust Code section 804, Uniform Prudent Investor Act principles
An MPT Library for a wrongful-termination problem includes a Franklin statute with three elements for protected whistleblower activity, a Franklin Supreme Court case applying the statute to an employee who reported safet...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
At dinner, Landowner told Friend, "I want you to hold my farm in trust for my daughter until she turns 30." Landowner never signed a deed, trust instrument, memorandum, or any other writing referring to the farm trust. T...
Citations: Uniform Trust Code section 407, Common-law Statute of Frauds principles
Celia signed a notarized document titled "Ridge Trust." The document stated, "I declare that I hold my brokerage account ending in 4412 and my lake cabin on Pine Road as trustee. During my life, income may be used for me...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401 and 402
...n instrument stating, "I hold my investment account ending in 9900 as trustee. During my life I may use the income for myself, and at my death the remaining account shall be distributed to my nephew Eli." Dana never reti...
Citations: Uniform Trust Code sections 401 and 402
Harper's will leaves $80,000 to Trustee "to care for my cat Juniper for the rest of Juniper's life." Harper owned Juniper when Harper signed the will and when Harper died. The state follows the modern UTC-style rule for...
Citations: Uniform Trust Code section 408
Leah created the Leah Revocable Trust in a signed trust instrument. The trust provided that, at Leah's death, trust property would be distributed 60 percent to her daughter, Mira, and 40 percent to her son, Owen. The tru...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Probate Code pour-over and nonprobate-transfer principles, Uniform Trust Code revocable trust principles
Owen's will left $600,000 to Trustee. The will directed Trustee to use $250,000 "for my true friends who stood by me, in whatever amounts Trustee thinks fair"; $250,000 "to fund scholarships for graduates of County High...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 402, 405, and 408
Owner executed a deed conveying Blackacre "to Paula, as trustee for Paula." No other person has any present or future interest, and the instrument gives Paula complete power to use, sell, or keep Blackacre for herself. W...
Citations: Common-law merger doctrine, Uniform Trust Code section 402
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