Which of the following statements about a living trust is true? A. It can be cha

Question

Which of the following statements about a living trust is true?

A. It can be challenged for undue influence.

B. It reduces the grantor's income taxes.

C. It is usually less expensive to set up than a will.

D. It reduces estate taxes more than a will.

E. It is subject to property division on divorce.

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A will or trust may be found to be _______________ if it was made because of undue influence on the testator. Undue influence is difficult to_______________, but it may be___________________________.

A. valid; prove by direct evidence; proved by circumstantial evidence

B. valid; prove by clear evidence; proved by cogent evidence

C. invalid; prove by direct evidence; proved by circumstantial evidence

D. invalid; prove by circumstantial evidence; proved by direct evidence

E. valid; show in a court of law; shown in a court of equity

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In 1990, in Cruzan v.Director, Missouri Department of Health, the U.S. Supreme Court ruled that the right to ________________ is a personal liberty protected by the?__________________ of the U.S. Constitution. The Court stated that this interest must be expressed? _______________ that the patient did not want to be sustained by artificial means.

A. refuse to make a will; Due Process Clause; beyond a reasonable doubt

B. an attorney; police power clause; through clear and convincing proof

C. refuse medical treatment; supremacy clause; by a preponderance of the evidence

D. disinherit your children; Due Process Clause; through clear and convincing proof

E. refuse medical? treatment; Due Process Clause; through clear and convincing proof

>>>>Can you state a reason why you wrote the answer? I need to get this 100%!

Explanation / Answer

Which of the following statements about a living trust is true?

A. It can be challenged for undue influence.

This is one of the most common scenarios in estate planning where undue influence is used by corrupt and deceitful family members or relations which results in grantor changing or creating their living trust. To win this challenge, the challenger must prove that the grantor was vulnerable and could be influenced by others. This could also suggest that the grantor was mentally unstable and could be influenced as per the challenger. Also, one must prove the motive behind the influence and last but not the least, the defendant or the challenger might need to prove that the beneficiary had influenced the grantor during the creation of living trust or had influenced the benefits of existing trust.

A will or trust may be found to be _______________ if it was made because of undue influence on the testator. Undue influence is difficult to_______________, but it may be___________________________.

D. invalid; prove by circumstantial evidence; proved by direct evidence

The will or trust can be declared invalid if it was made due to undue influence on the testator. But undue influence is difficult to be proven with direct evidence and may also not require definitive proof but can be proved with the circumstantial evidence.

In 1990, in Cruzan v.Director, Missouri Department of Health, the U.S. Supreme Court ruled that the right to ________________ is a personal liberty protected by the?__________________ of the U.S. Constitution. The Court stated that this interest must be expressed? _______________ that the patient did not

E. refuse medical? treatment; Due Process Clause; through clear and convincing proof

In Nancy Cruzan’s case, the Supreme Court ruled that “nothing in constitution prevented the state of Missouri from requiring "clear and convincing evidence" before terminating life-supporting treatment, upholding the ruling of the Missouri Supreme Court.” The court also ruled that “competent individuals had right to refuse medical treatment under due process clause”

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