Week 3 - Monday (Nov. 9) Wills - Test #4

Question 1

The person for whom a will is made, who will be signing the will, is called the

Answer 1

testator

Question 2

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?

Answer 2

Yes

Question 3

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.

Answer 3

life estate

Question 4

In Texas, what adjective precedes the word “Executor” in a will?

Answer 4

Independent

Question 5

What does Independent Executor mean?

Answer 5

once they are appointed as executor, they do not have court oversight

Question 6

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

Answer 6

contingent trust

Question 7

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?

Answer 7

yes

Question 8

What is the correct name for a No-Contest Clause?

Answer 8

in terrorem clause

Question 9

A ___ prevents a person from assigning his interest in an inheritance to a third party.

Answer 9

spendthrift provision

Question 10

What is the last page that’s attached to a will called?

Answer 10

self-proving affidavit

Question 11

Why do we have a self-proving affidavit?

Answer 11

so witnesses do not have to come to court

Question 12

What is a will signing called?

Answer 12

execution

Question 13

Provide the first and last name of one of the guest speakers from last week:

Answer 13

1. John Nechman
2. Lu Ann Trevino
   (these both came this week)

Question 14

What is the statute of limitations for probating a will?

Answer 14

4 years

Question 15

What are the two most common competency questions?

Answer 15

Who is the President?

What year is it?

Question 16

What does probate mean?

Answer 16

to prove up

Question 17

If the executor lives outside of Texas what must be appointed?

Answer 17

a registered agent for service of process

Question 18

Independent Executor- what does the executor do and what is the significance of the word “independent”?

Answer 18

A person named in the will to carry out the will (execute the will) who is “free from oversight of the court.”-which is the significance of the word Independent.

Question 19

What is capacity?

Answer 19

is being aware what the testator is doing - he or she is aware a contract is being made to distribute estate after death.

Question 20

What are the two most used capacity questions?

Answer 20

What year is it?

Who is the President?

Question 21

If the executor lives outside of Texas, what must be appointed?

Answer 21

a “registered agent for service of process”

Question 22

What is a will?

Answer 22

A legal document that tells the world who should receive which of your assets after your death

Question 23

What does a will do?

Answer 23

A will lets your assets be distributed the way you request and allows you to name guardians for any dependent children.

Question 24

What is the difference between an annulment and a divorce?

Answer 24

annulment voids a marriage as if it never happened and

divorce ends a valid marriage

Question 25

What is the minimum age for a witness to a will?

Answer 25

14

Question 26

A ___ gives another person the power to handle your financial affairs.

Answer 26

durable power of attorney

Question 27

A ___ gives another person the power to make healthcare decisions for you if you can’t.

Answer 27

medical power of attorney

Question 28

The correct name for a “living will” is a

Answer 28

directive to physicians (this is plural)

Question 29

A ____ appoints another person to handle your funeral and what happens to your body.

Answer 29

appointment of agent to control disposition of remains

Question 30

What is the most unique feature of an appointment to agent to control disposition of remains?

Answer 30

the agent must sign it (must say AGENT)

Question 31

Things like bank accounts and life insurance policies that pass outside the will are called

Answer 31

non-probate assets

Question 32

What is the statutorily correct name for a “common law” marriage in Texas?

Answer 32

informal marriage

Question 33

What is the statutorily correct name for the other kind of marriage in Texas?

Answer 33

ceremonial marriage

Question 34

A person who is named in a will as a person who will get a sum of money or tangible property is called a

Answer 34

beneficiary

Question 35

The U.S. Attorney General is

Answer 35

Loretta Lynch

Question 36

The Chief Justice of the United States is

Answer 36

John Roberts