Power to transfer

Question 1

rights of surviving spouse

Answer 1

• entitled to a number of means of support under Texas law
• SS and pension plans
• PP set asides
• family allowance
• elective share
• community/ quasi- community prop

Question 2

elective share

Answer 2

-if a SS is unhappy with his share under the T’s will or through intestacy the spouse can elect to take a forced share

Question 3

community property

Answer 3

• unrestricted ability to dispose of separate prop

- each may exercise testamentary disposition over his or her 1/2 interest in the community estate

Question 4

Advancements

Answer 4

• lifetime gift to a child that is treated as satisfying all or part of child’s intestate share
• TX: a gift is an advancement only if the decedent or heir declares in a contemporaneous writing that the gifts is an advancement
• hotchpot analysis

Question 5

unintentional disinheritance

Answer 5

• T has child after executing a will and dies without amending the will to account for later-born children
• If T had no other children when will was executed, then omitted child takes an intestate share
• If T had at least 1 child at the execution of the will, and the will devised prop to at least one of those children, omitted child takes an equal share from portion already devised to the other child
• if PTC gets something else and is taken care of, no share under the will (life insurance policy)

Question 6

Slayer Statute

Answer 6

• person cannot profit from murdering another
• B who murders decedent is barred from taking under the decedent’s will
• treated as predeceased decedent
• hasn’t been applied in involuntary manslaughter and self-defense cases
• rule requires intent

Question 7

Disclaimer

Answer 7

MUST:

1) be in writing
2) declare the disclaimer
3) describe the interest or power being disclaimed
4) signed by the disclaimer, and
5) delivered to or filed with the personal representative