Quizzes Flashcards
In Texas, person property with an aggregate fair market value of not more than $________, or $________ for a single adult is exempt from ___________, ___________, ___________, or other seizure.
$60,000 $30,000 Garnishment Attachment Execution
In 2012, (Howard James) a Texas resident died intestate survived by his wife (Wanda) and two adult kids. Howard and Wanda had $15,000 of community property and Wanda had previously inherited $500,000 from her mother. Wanda seeks family allowance from the court. Is she entitled to family allowance?
No. Wanda is not entitled to family allowance per Texas Estate Code sec. 353.101(d)(1) which states that a surviving spouse is not applicable for family allowance if the decedent’s surviving spouse has adequate separate property. In this case Wanda’s inheritance is adequate separate property.
In Texas the allowance instead of a homestead may not exceed $_________, and the allowance instead of others exempt property may not exceed $________, excluding the family allowance for the support of the surviving spouse! minor children! and adult incapacitated children provided by Subchapter C.
$45,000
$30,000
TEC sec.353.053(b)
Howard Copeland married Ruby Mershon, who owned the property located in Fort Worth, TX. The couple remained married and maintained the property as their homestead until Mershon died. In her will, Mershon left the property to her son, George Trewitt, but Howard Retained a life estate in the property as per TEX CONST. art. XVI sec 52. Appellant maintains the property as his homestead. Under Texas law, the homestead (is/is not) liable for the payment of any of the debts of the estate.
is not
Sec. 102.004 Liability of Homestead for debts
Lecture #6
________, ________, and _________ applies the so-called “Spanish Rule” that holds that income from either spouse’s separate property is community property.
Texas
Idaho
Louisiana
Herb and his wife Wanda bought a cabin in the Texas Hill Country. Herb acquired a substantial inheritance when his mother died in 2002. Using some of his inherited funds, Herb purchased Shadyacre, a cabin and a lot on the Guadalupe River near Kerrville, paying $40,000 as a down payment and signing a note (secured by a mortgage) for the $60,000 balance. The deed to Shadyacre named “Herb Hanson”, as grantee. The state of the title to Shadyacre is mixed property with the spouse’s seperate property being ___% and the community property being ____%.
40%=4/10
60%=6/10
The law allows a person to avoid ______ by placing assets in a trust.
Probate
Under the Uniform Probate Code- common law jurisdiction, the intestate share of the surviving spouse (is/is not) the entire intestate estate if all of the decedent’s surviving descendants (are/are not)also descendants of the surviving spouse and there are no other descendant of the surviving spouse who survive the decedent.
Is
Are
UPC 2-102
In Texas when a father gives his daughter and son-in-law a gift stating it is to be held by them as community property, this gift is (separate/community) property.
Separate property
If two or more people hold interest in property jointly and one joint owner dies before severance, the decedent’s interest in the joint estate (does/does not) survive to the remaining joint owner(s). It (does not/does) pass by will or intestacy from the decedent as if the decedent’s interest had been severed.
Does not
Does
TEC Sec. 101.002-Effect of joint ownership of property.
(In Texas/Per the UPC), there are only 2 ways in which survivorship property may be created with community property: (1) spouses agree between themselves that all or part of their community property, then existing or to be acquired, becomes property of the surviving spouse upon the death of the spouse (2) first partitioning the community property into separate property.
In Texas
What are the marital property rules regarding community property?
Property other than separate property, acquired by either spouse (before/during/after) marriage.
During
What are the marital property rules regarding separate property?
(1) property owned by the spouse (before/during/after) marriage
(2) property acquired by the spouse (before/during/after) marriage by gift, devise, or descent.
(3) the recovery for personal injuries sustained by the spouse (before/during/after) marriage (but not any recovery for medical expenses, lost wages, or loss of earning capacity (these 3 compensate the community estate)
Before
During
During
Joint tenancies (were/were not) apart of Texas land law because they are believed to be (valid/invalid).
were not
valid
Joint tenancies of land never have been and are now not a part of the Texas scene even though, under current law, there (is an/is no) legal obstacle to the creation of joint tenancies.
is no
If the deceased spouse is survived by a child other than the descendant who is not also a child/descendant of the surviving spouse, (1/2 or 3/4) of the community estate is retained by the surfing spouse and the other (1/2 or 1/4) passes to the deceased spouse’s children/descendants.
1/2
1/2
If a person who dies intestate leaves a surviving spouse, the entire community estate of the deceased spouse (does not pass/passes) to the surviving spouse if all of the surviving children/descendants of the deceased spouse are also children/descendants of the surviving spouse.
passes
When a person dies intestate leaving a surviving spouse, the separate real property consisting of the deceased person’s land (does not pass/passes entirely) to the surviving spouse.
passes entirely
Under Texas Family Code 160.204 (5) states a child who was born into a household of his non-marital father and lived with his father for at least (2/4/6) years after his birth is deemed a child of the father.
2
Under Texas law,, if one spouse dies leaving community property and one child who is also a child of the surviving spouse, (1/2 or the entire) community property goes to the surviving spouse.
entire
Oscar, a Texas Resident died in 2010 owning property worth $500k. He was never married and had no children. His nearest relatives are M, the son of his aunt on the maternal side and Angelina, the daughter of his great grandparents on the paternal side.Do both M and A get 250K each.
Yes.
TPC 201.001 (f) If deceased dies intestate and does not leave a spouse, the estate to which the person had title descends in such a way the half be distributed to the paternal side and the other half to the maternal side.
A man is presumed to be the father of a child if he is married to the mother of the child and the child is born (before/after) the 301st day after the date of divorce, annulment, declaration of invalidity, or death of either parent.
before
In Tx, if a person dies intestate and property passes to issue (per capita with representation/English per stripes), this means that the property must be divided into shares at the first generation level where a descendant is alive.
per capita with representation= Modern per stripes
In will drafting, the use of the words issue or descendants (negates/does not negate) the principle of representation into the will.
negates
Gifts in trusts and wills “to issue”means a division at (first/second)generation where a person is alive.
first
In re Gustafson construed the term (“children”/”descendants”) to restrict a gift in trust to immediate offspring only without the benefit of representation.
“children”
(Texas/Common law), the mere occurrence of the intervivos gift by a decedent to a child gives rise to the presumed fact that the decedent’s gift was an advancement of the donee’s share of her inheritance.
Common law
In Texas, if a beneficiary of a (life insurance policy or contract/will) forfeits the beneficiary’s interest in the policy or contract if the beneficiary is a principal or an accomplice in willfully bringing about the death of the insured.
life insurance police of contract
If a beneficiary of a life insurance policy or contract forfeits an interest in the policy or contract under Section 1103.151, the (contingent beneficiary/nearest relative) named by the insured in the policy or contract is entitled to receive the proceeds of the policy or contract.
contingent beneficiary
