Question

1. According to the terms of Kim’s will, her creditors will be paid and specific devises and bequests are to be distributed. The remaining assets of the estate are to be distributed as the

A.codicil

B.an irrevocable trust.

C.residuary estate.

2. Goldie Locke and Gene Poole (both Florida residents) orally agree to a prenuptial agreement before they get married the next day. Unfortunately, six months later, they divorce. Goldie seeks to enforce the prenuptial agreement. Which of the following is true?

A. The agreement is enforceable because the marriage did not last one year.

B. The agreement is unenforceable because Gene was not legally obligated to marry Goldie.

C. The agreement is unenforceable for another reason.

Answer 1

C. residuary estate

When the assets are left from the deceased person’s estate after all gifts are bequeathed and taxes, debts, and fees of the court are paid. The gifts that are not passed to the specified person due to other reasons this is considered as the residuary estate.

C. The agreement is unenforceable for another reason

The agreement is unenforceable because of this reason

· If your agreement is in oral it is unenforceable so it should always be in writing

· Another reason for unenforceable is because of inadequate disclosure.

· Another reason for the unenforceable of the agreement is coercion at signing.

· Lack of experienced counsel is another reason why the prenuptial agreement is unenforceable.