TX Estate Administration Flashcards
true regarding the family allowance
- paid before all other claims except funeral expenses of last sickness up to $15k
- surviving spouse’s SP is taken into account in determining the amount
- it is a C obligation payable 1/2 out of surviving spouse’s 1/2 C interest
who is entitled to occupy the homestead after the decedent’s death
surviving spouse as long as she chooses
- right independent of title
if a decedent is survived by spouse or minor child, the homestead descends free of debts and creditors claims if…
the homestead passes to any devisee
the homestead property can be attached, executed or sold to satisfy all of the following claims
- purchase money mortgage on the homestead
- lien for property taxes
- federal tax lien against jointly filing spouses
priority of appointment as personal representative
- personal named in will as executors
- surviving spouse
- principal ben named in will
- any other ben named in will
- decedent’s next of kin as determined by the intestacy statute
- creditor of decedent
- any other person of good character
statutory formula for payment of claims by an estate requires that…
unpaid child support be paid before state taxes
in dependent administration, if the claimant does not file within 90 days of rejection of unsecured claim…
the claim is barreed
when an undisclosed heir is discovered subsequent to the transfer of title to homestead under small estate affidavit…
the deed is valid, but the undisclosed heir can sue the heirs who received the consideration
when a person dies intestate leaving a probate estate whose value does not exceed $50k not including homestead and exempt personal property…
the court may distribute both the personal property and homestead without administration if the homestead is the only real property in the estate
when a person dies intestate, a statutory heirship proceeding…
will not protect the named heirs from claims brought by omitted heirs
statutory heirship proceeding
establishes, by court order, that the person is deceased, that he left no will, and that he was survived by named persons as heirs
- no SOL applies
upon death of 1 spouse, what property is subject to estate administration
all of the CP as well as the deceased spouse’s SP
- death dissolves the C entity compelling division of the C estate
a person that declines appointment as independent executor may…
be appointed as administrator in a court-supervised administration in the discretion of the court
- no requirement that all heirs agree to the appointment
in order for the court to authorize independent administration of the estate the consent of ____ is NOT needed
a ben of a remainder interest in property
a will may be submitted to probate more than…
4 years after T’s death as a muniment of title only
