Wills

Question 1

Small Estate Affidavit

Answer 1

(1) Intestate; (2) No unpaid debts other than lien on the homestead; (3) Value (not counting homestead) is less than 75,000.

Affidavit can be used to clear title to homestead if it is the only real property in the estate.

Question 2

Requirements for Duly Executed Will

Answer 2

T Must be 18 (married, in army)

#1 - Signed by T (or proxy) 
#2 - Two attesting witnesses (14 or older)
#3 - Witness' signed in T's conscious presence

Question 3

Holographic Will

Answer 3

Texas recognizes holographic (handwritten, unwitnessed) wills so long as they are “wholly in the handwriting of the testator” and signed by the testator. You can have a holographic codicil to a typed witnessed will.

Law of state of domicile at death controls.

Question 4

Estate Administration Intro

Answer 4

Texas law favors informal administration of estates.

Question 5

Actions Personal Representative Must take within 120 days after appointment of estate

Answer 5

Surety Bond (20 Days)
Notice of administration in newspaper (1 month)
Notice (and copy of will) to beneficiaries within 60 days
File inventory (or affidavit) within 90 days
Certificate that notice was given to beneficiaries within 90 days

Question 6

2 Alternatives to Administration without appointment of a personal representative

Answer 6

Muniment of Title (will)

Statutory Heirship Proceeding (no will)

Question 7

Who can bring a will contest

Answer 7

Interested parties. Persons with an economic interest adversely affected by the wills probate.

Question 8

Proving up a will

Answer 8

Self proved pursuant to the probate code or must shown that it was duly executed

Question 9

Interested Witness Statute

Answer 9

Interested witness situation never affects the validity of the will. Only result is the bequest to the witness is void unless the witness would be an heir intestate or testimony is corroborated by a disinterested credible person.

Question 10

Divorce After Will is Executed

Answer 10

Final decree of divorce revokes. Read will and distribute estate as though former spouse (and relatives) predeceased the testator.

Question 11

Non-Probate Transfers

Answer 11

Intestacy Rules do not apply to non probate transfers.

Question 12

Incapacity Standard

Answer 12

Understand the nature of the act

Know the nature and value of his property

Know the natural objects of his bounty

Understand the disposition

Question 13

Unde Influence

Answer 13

capacity controlled by a dominant influence of power

Existence and exertion of influence

Effect was to overpower the mind and the will of the testator

Product was will that would not have been made but for the influence