March 7 Exam Flashcards
Stare Decisis is Latin for_______________________________. It means the reluctance of the court to ignore _________________________.
let the decision stand
precedent
Federal trial courts are called
US District Courts
There are ______ civil County Courts at Law in Harris County.
4
Long ago, legal issues were decided in one of three ways:
trial by ordeal, wager of law, confligration
Which federal courts have the power to probate a will?
none
If the President vetoes a bill from Congress, what can Congress do about it?
rewrite it and send it back to the president with a 2/3 vote
The person for whom a will is made, who will be signing the will is called the
testator.
If I have 3 children and I don’t want one child to get any of my estate, can I leave that one child out of the will?
yes
A ________________ occurs when a spouse who owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house.
life estate
In Texas, what adjective precedes the word “executor” in a will?
independent
What does that mean?
independent executor is free from court oversight
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
contingent trust
In my will, can I name someone as the guardian I want for my minor child even if the other biological parent is still alive?
yes
What is the correct name for a no-contest clause?
in terrorem clause
A____________________ prevents a person from assigning his interest in an inheritance to a third party.
spendthrift provision
What is the last page that’s attached to a will called?
self proving affidavit
Why do we have that?
prevents the witnesses from having to go to court
What is the minimum age for a witness to a will?
14
What is the will signing called?
execution of the will
Provide the first and last names of one of the guest speakers from last week.
Cathy Herrington Hale
What is the statute of limitations for probating a will?
4 years
What are the two most common competency questions?
what year is it?
Who is the current president?
What does probate mean?
prove up the will
If the executor lives outside of Texas, what must be appointed?
registered agent for service of process
A ___________________ gives another person the power to handle your financial affairs.
durable power of attorney
A __________________ gives another person the power to make healthcare decisions for you if you can’t.
medical power of attorney
The correct name for a “living will” is a
directives to physician
_______________________________________ appoints another person to handle your funeral and what happens to your body.
An Agent To Control Disposition of Remains
What is the most unique feature of that document?
An agreement that needs to be signed due to financial responsibility
Things like bank accounts and life insurance policies that pass outside the will are called
non probate assets
