Wills & Estates

Question 1

Preamble

Answer 1

TX will and probate law governs the disposition os assets upon death. TX allows for independent administration. As a result, most estates in Texas are administered w/out ct supervision or involvement.

Question 2

Actions Personal Representative Must Take When Appointed

Answer 2

1. post bond (120 days)
2. publish notice (1 mo)
3. fie inventory (90 days)
4. notice to Bs (60 days)

Question 3

Valid Holographic Will Requirements

Answer 3

1. clear testamentary intent;
2. be wholly in testators handwriting;
3. signed by T

Question 4

Ways to Clear Title when no Administration is Necessary

Answer 4

1. muniment of tittle (there is will)
2. statuary heirship proceeding (there is not will)
3. informal or small estate admin

Question 5

Probate Asset List

Answer 5

1. homestead
2. checking account
3. personal property
4. savings account
5. goods and home furnishing
6. 401K

Question 6

Non-Probate Assets List

Answer 6

1. Ks
2. retirement account
3. certificate of deposit
4. life insurance policy
5. EE death benefit
6. property held in trust
7. bonds
8. mortgages
9. promissory notes
10. securities accounts

Question 7

Claims Wife Has Above & Beyond Intestacy or Will

Answer 7

1. homestead right or 15K;
2. family allowance;
3. exempt PP up to 60K or 5K cash

Question 8

Undue Influence Requirements

Answer 8

1. existence an execution of influence;
2. effect to overpower mind and will of T;
3. product of will, but for test

Question 9

Lost Will Requirements

Answer 9

1. duly executed;
2. all or substantially all contents;
3. cause of non-production rebuttal

Question 10

Lapsed Gift Meaning & TX Anti-Lapse Statue

Answer 10

1. Bs predecease T
2. dependents of T’s parents
3. Bs Ds take Bs share

Question 11

Small Estate Administration

Answer 11

1. D dies intestate
2. estate value (not including homestead) doesn’t exceed $50K
3. NO need for appoint of personal rep/admin
4. heirs only file an affidavit w/ basis for distribution

Question 12

Informal Administration

Answer 12

1. TX favors this
2. available in small and uncomplicated estates
3. all Bs agree and judge doesn’t veto

Question 13

Reasons Independent Administrator Removed for Cause

Answer 13

1. failure to file inventory
2. failure to give Bs notice
3. misapplied or embezzled funds
4. failure to make accounting
5. gross misconduct or mismanagement
6. incompetent or in jail

Question 14

Personal Rep Priority Appointment

Answer 14

1. executor named
2. SS
3. principal B
4. any other B
5. Ds next of kin
6. creditor
7. good character

Question 15

Options Available for Challenging Validity of Will

Answer 15

1. defective execution
2. valid revocation
3. lack of testamentary capacity
4. undue influence
5. fraud
6. mistake
7. T unaware of contents

Question 16

How to Incorporate Document Into Will

Answer 16

1. must exist at time will executed
2. intent to incorp
3. clearly identify doc

Question 17

How to be Appointed Independent Executor

Answer 17

1. file petition to probate will +

2. ask to be appointment as independent executor

Question 18

Will Revocation Req

Answer 18

1.

2. physical act + intent (concurrently)

Question 19

When Independent Admin Available

Answer 19

1. will says so

2. all Bs agree

Question 20

Statutory Heirship Proceeding

Answer 20

1. ct order establishes person is dead
2. left no will
3. survived by ppl named as heirs
4. fixes amount of intestate shares
5. does not require appt of personal rep

Question 21

What is a Muniment of Title Proceeding

Answer 21

1. estate has no debts
2. filed w/in 180 days
3. ct determines if will is valid
4. no executor and no administration

Question 22

Way Personal Representative Closes Administration

Answer 22

1. file closing report
2. verified affidavit
3. show property initially received, debts paid, expenses
4. names and addys of distributees
5. declaratory judgment (optional)

Question 23

Priority of Claims in Involvement Estate

Answer 23

1. funeral expenses and last illness up to $15K
2. family allowance
3. administration expenses
4. secured claims
5. child support
6. state taxes
7. condiment to prison in TX
8. medicaid
9. others

Question 24

Priority of Claims in Involvement Estate

Answer 24

1. intestate property
2. residuary legacies
3. general legacies
4. specific legacies

Question 25

Venue to Probate or Administer Will

Answer 25

1. where T resided 2. where property located 3. where T died

Question 26

Testamentary Capacity Req

Answer 26

1. at time of execution 2. know nature of act 3. know nature of approx value of property 4. know natural objects of bounty 5. know disposition making

Question 27

Valid Will Req

Answer 27

1. over 18 or married or in army 2. testamentary intent 3. two witnesses sign 4. T signs