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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 117: Death of a Litigant
(July/August 2003)
 
 
Instructions for Obtaining MCLE Credits:

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

Test Sheet


Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

 

1. Claims for punitive damages die with a defendant.
 True.
False.

2. Claims for pain and suffering damages die with a plaintiff.
 True.
False.

3. Emotional distress damages do not die with a plaintiff.
 True.
False.

4. In order to continue a lawsuit against a decedent, the plaintiff must file a motion with the court in which the probate proceeding is pending to substitute in either the personal representative of the decedent's estate or the successor in interest.
 True.
False.

5. The filing of a creditor's claim puts the personal representative of the decedent's estate and the probate court on notice within a reasonable period of a plaintiff's claim against the estate.
 True.
False.

6. If a claim is based in contract or tort and does not involve a tendered claim to an insurer seeking payment within the policy limits, a plaintiff must comply with the creditor's claim procedures prior to continuing with an action against a decedent.
 True.
False.

7. If the personal representative does nothing to respond to a creditor's claim, the creditor cannot deem the claim rejected until the 45th day after it was filed.
 True.
False.

8. If a creditor files a creditor's claim before initiating a lawsuit against the decedent's estate, and the creditor's claim is rejected, the creditor must file suit against the personal representative of the decedent's estate within three months from the date of rejection.
 True.
False.

9. An absolute one-year statute of limitations exists from the date of death for filing any type of claim against a decedent's estate other than a tendered claim to an insurer seeking payment within the policy limits.
 True.
False.

10. The one-year statute of limitations is tolled by the filing of a creditor's claim.
 True.
False.

11. The California Legislature set short time periods for filing claims against a decedent's estate to "effectuate the strong policy of expeditious and final estate administration."
 True.
False.

12. A creditor is not an interested person authorized to commence a probate proceeding for the administration of a decedent's estate.
 True.
False.

13. A creditor is not required to comply with the creditor's claim process prior to suing a decedent's estate.
 True.
False.

14. Once a plaintiff files suit against the personal representative of a decedent's estate, the plaintiff must either file a notice of pendency of the action in the probate proceeding or personally serve a summons and complaint on the personal representative.
 True.
False.

15. If a plaintiff who has sued the decedent's estate through the personal representative fails to either personally serve the personal representative with the summons and complaint or fails to file a notice of pendency of the action in the probate proceeding, and funds are distributed from the estate, the plaintiff can seek recovery of those funds.
 True.
False.

16. A beneficiary of the decedent's estate is a successor in interest.
 True.
False.

17. If a personal representative of a decedent's estate has been appointed, only the personal representative has standing to pursue litigation on behalf of the decedent.
 True.
False.

18. A personal representative never has longer than six months in which to commence an action on behalf of the decedent.
 True.
False.

19. The legislature has developed a trust claim procedure similar to the procedure for decedents' estates.
 True.
False.

20. If a probate proceeding has been initiated, a trustee is prohibited from initiating the trust claim procedure.
 True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the "Submit" button please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

 
   
   
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