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Los Angeles Lawyer

The Magazine of the Los Angeles County Bar Association

 
 

April 2005      MCLE Test and Answer Sheet

Test Number 136: Tales of Two Courts

 
 

Instructions for Obtaining MCLE Credit

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. An omitted spouse who married the decedent after the execution of the decedent's living trust receives an intestate share unless there is an intentional failure to provide for the spouse-whether or not the intent appears on the face of the trust.
 True.
 False.

2. A judgment of marital dissolution revokes all powers and nominations favoring the former spouse in a will unless the will expressly provides to the contrary.
 True.
 False.

3. A nonprobate transfer to the transferor's former spouse, in an instrument executed before or during the marriage, always fails if at the time of the transferor's death, the former spouse is not the surviving spouse.
 True.
 False.

4. A paranoid schizophrenic may have the capacity to execute a will or trust.
 True.
 False.

5. The court's determination of incapacity to make a will or trust must be supported by evidence of a mental function deficit.
 True.
 False.

6. The probate court may make a substituted judgment order only if the court determines that the proposed action will have no adverse effect on the conservatee's estate.
 True.
 False.

7. A judicial determination of a person's lack of capacity to marry need not be supported by evidence of a mental function deficit.
 True.
 False.

8. Standard (or Automatic) Temporary Restraining Orders-Family Law (ATROs) are binding on both parties to a family court proceeding upon the filing of the petition.
 True.
 False.

9. The preparation of a new will during the pendency of a family court proceeding is not a violation of the ATROs.
 True.
 False.

10. A party to a legal separation proceeding who serves his or her spouse with a notice of immediate revocation of the parties' revocable living trust is not in violation of the ATROS.
 True.
 False.

11. If death of a party to a marital dissolution proceeding occurs after a bifurcated judgment terminating marital status, the family court retains jurisdiction over division of the community property.
 True.
 False.

12. A nullity proceeding does not survive the death of the petitioner.
 True.
 False.

13. Absent entry of a bifurcated judgment terminating marital status, upon the death of one of the parties, the title presumption of right of survivorship is applicable to the joint tenancy property of the parties.
 True.
 False.

14. The death of either party to a marital dissolution proceeding terminates an existing spousal support order unless the parties have otherwise agreed, whether orally or in writing.
 True.
 False.

15. The right of the obligee parent to collect child support from the estate of the deceased obligor parent continues as long as a valid child support order is in place.
 True.
 False.

16. An order for payment of child support is modifiable following the death of the obligor parent.
 True.
 False.

17. The conservator of a person's estate may file a marital dissolution proceeding on behalf of the conservatee if the conservatee is capable of expressing a wish to dissolve the marriage on grounds of irreconcilable differences, whether or not the conservatee has expressed that wish.
 True.
 False.

18. If a conservator who is the conservatee's spouse files a nullity proceeding, the conservator must file and serve a notice with the probate court within 30 days of filing the nullity.
 True.
 False.

19. A conservator has the power to manage and control the conservatee's share of community property, and the conservatee's spouse has the right to manage and control his or her own share of community property.
 True.
 False.

20. If an incapacitated spouse is under conservatorship and the well spouse refuses to comply with a probate court support order, the probate court has the authority to divide the community property.
 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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