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

ANS 1- Living trust is usually created as it is usually less expensive to set up than a will.

In this after the death of the person the assests are handed over to the beneficiary decided by the trust maker or the beneficiaries decided by the settlor.

ANS 2- A will or trust may be found to be _________invalid______ if it was made because of undue influence on the testator. Undue influence is difficult to_prove by direct evidence but it may be prove by circumstantial evidence.

DIRECT EVIDENCE ARE THOSE EVIDENCES WHICH DIRECTLY PROVIDES PROOF OF THE FACT AND DOES NOT REQUIRE ANY INTERFERENCE.

CIRCUMSTANIAL EVIDENCE ARE THOSE EVIDENCE WHICH ARE NOT DIRECTLY PROVED BUT AND REQUIRE INFERENCE TO CONNECT TO CONCLUSION

ANS 3- In 1990, in Cruzan v.Director, Missouri Department of Health, the U.S. Supreme Court ruled that the right to refuse medical treatment is a personal liberty protected by the? Due Process Clause of the U.S. Constitution. The Court stated that this interest must be expressed Through clear and convincing proof that the patient did not want to be sustained by artificial means.

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