...he brokerage account and the lake cabin? Discuss the requirements for trust creation and any different treatment of the two assets. This essay tests self-declared trusts, funding, definite beneficiaries, and signed-writi...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401 and 402
...TC-style rules. Which statement is most accurate? This question tests trust creation by declaration. Uniform Trust Code sections 401 and 402
Citations: Uniform Trust Code sections 401 and 402
...for herself. What is the best analysis? This question tests merger in trust creation. Common-law merger doctrine, Uniform Trust Code section 402
Citations: Common-law merger doctrine, Uniform Trust Code section 402
Settlor creates a trust: "Income to Parent for life, then principal to Parent's children." At creation, Parent has two living children and may have more children. How should the children's interest generally be classifie...
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
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
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
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
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
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
Sam signed a document stating, "I intend to create a trust for my cousin Rita. I will transfer some property to Trustee when I decide what property to use." Sam never transferred property to Trustee and never identified...
Citations: Uniform Trust Code section 402
Testator's will leaves $1 million to Trustee "to provide scholarships for low-income graduates of Central County public high schools who attend nursing school." No scholarship recipient is named in the will. Which statem...
Citations: Uniform Trust Code section 405
Three days after a serious stroke, Settlor signed a trust giving all assets to Caregiver. Medical records from that day state that Settlor could not identify close relatives or describe his property. Caregiver had isolat...
Citations: Uniform Trust Code section 406
...you will use my stock portfolio to help your children with school. I trust you to do what is right." The letter did not use the word trustee, impose duties, state distribution standards, or require account separation. G...
Citations: Uniform Trust Code section 402
...thing." Leah kept the art in her home and did not otherwise mention a trust. In September, after a stroke, Leah depended on her paid caregiver, Nora, for medication, meals, and access to visitors. Nora began answering Le...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code section 402, Uniform Trust Code section 406
...penses." Tom deposited the check into a separate account titled "Tom, trustee for Ezra." Rina did not sign any writing about the $90,000. At the same meeting, Rina also said, "I want you to hold my vacant lot for Ezra on...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 401, 402, and 407
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
During a recreational basketball game, one player intentionally punched another player in the face after the referee blew the whistle and stopped play. The punched player sues for battery. The punching player argues that...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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
USABarPrep Coach