Test 4 Flashcards

1
Q
  1. The person for whom a will is made, who will be signing the will, is called the _______________________________________.
A

testator

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2
Q
  1. 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? __________________.
A

Yes

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3
Q
  1. 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.
A

life estate

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4
Q
  1. In Texas, what adjective precedes the word “Executor” in a will?
A

independent

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5
Q
  1. What does that mean? ____________________________________________________________.
A

free from oversight from the court

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6
Q
  1. What kind of trust is created if there is a minor child who cannot inherit money until the age of 18? ______________________________________.
A

contingent

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7
Q
  1. 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? ______________________________.
A

Yes

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8
Q
  1. What is the correct name for a No-Contest Clause? __________________________.
A

In terrorem

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9
Q
  1. A _______________________________________ prevents a person from assigning his interest in an inheritance to a third party.
A

spendthrift provision

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10
Q
  1. What is the last page that’s attached to a will called? ___________________________
A

self proving affidavit

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11
Q
  1. Why do we have that? _____________________________________________
A

So witnesses don’t need to come to court

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12
Q
  1. What is the minimum age for a witness to a will? __________________
A

14

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13
Q
  1. What is a will signing called? _____________________
A

execution

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14
Q
  1. Provide the first and last names of one of the guest speakers from last week. ____________________________________________
A

Cathy Harrington Hale

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15
Q
  1. What is the statute of limitations for probating a will? _______________________
A

4 years

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16
Q
  1. What are the two most common competency questions? _______________________ ____________________________________________________________.
A

what year is it who is the President of the U.S.

17
Q
  1. What does probate mean? ______________________________________________
A

to prove or prove up the will

18
Q
  1. If the executor lives outside of Texas, what must be appointed? _________________ ____________________________________________________________________.
A

a registered agent for service of process

19
Q
  1. A ____________________________________ gives another person the power to handle your financial affairs.
A

a durable power of attorney

20
Q
  1. A ____________________________________ gives another person the power to make healthcare decisions for you if you can’t.
A

medical power of attorney

21
Q
  1. The correct name for a “living will” is a ___________________________________.
A

directive to physician

22
Q
  1. A _________________________________________________________________ appoints another person to handle your funeral & what happens to your body.
A

agent to control disposition of remains

23
Q
  1. What is the most unique feature of that document? __________________________ ___________________________________________________________________.
A

must be signed by the agent

24
Q
  1. Things like bank accounts and life insurance policies that pass outside the will are called _________________________________________.
A

non probate assests

25
Q
  1. What is the statutorily correct name for a “common law” marriage in Texas? __________________________________________________________________
A

informal marriage

26
Q
  1. What is the statutorily correct name for the other kind of marriage in Texas? __________________________________________________________________
A

ceremonial

27
Q
  1. A person who is named in a will as a person who will get a sum of money or tangible property is called a ___________________________________.
A

beneficiary

28
Q
  1. The U.S. Attorney General is _____________________.
A

Eric Holder

29
Q
  1. The Chief Justice of the United States is __________________________.
A

John Roberts