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Paralegal > Wills Test (Monday, November 9th) > Flashcards

Wills Test (Monday, November 9th) Flashcards

1
Q

What is the difference between an annulment and a divorce?

A

annulment voids a marriage as if it never happened and

divorce ends a valid marriage

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2
Q

Minimum age at which a person can marry in Texas without parental consent?

A

18

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3
Q

To get a divorce in Texas, you must live here for how long?

A

6 months

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4
Q

To get a divorce in Texas, how long must you reside in the county in which you file?

A

90 days

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5
Q

What document is filed to start divorce proceedings?

A

petition for divorce

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6
Q

The party who files for divorce is called the ____ and the other party is called the ______.

A

petitioner

respondent

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7
Q

TRO stands for

A

temporary restraining order

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8
Q

What is the minimum amount of time between filing and getting the divorce?

A

60 days

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9
Q

Can I get divorce while I’m pregnant so that I can marry the real dad?

A

no

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10
Q

In what manner does a judge divide community property in a divorce?

A

just and right division

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11
Q

Support paid by one spouse to another during the pendency of a divorce action is called

A

temporary spousal support

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12
Q

In Texas, “custody” is called

A

conservatorship

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13
Q

In Texas, “visitation” is called

A

possession and access

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14
Q

The child support formula for two children is ___ of the net resources.

A

25%

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15
Q

After a divorce, parts of the decree related to children can be changed through a process called

A

modification

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16
Q

At what age can a child decide with which parent he will live?

A

18 years

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17
Q

A man who has been found to be a father of a child by a court is called a(n)

A

adjudicated father

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18
Q

SAPCR stands for

A

suit affecting parent child relationship

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19
Q

How long do you have to wait to get married after a divorce is granted?

A

30 days

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20
Q

Can you be thrown in jail for not paying child support?

A

yes

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21
Q

Is it legal for me to marry my stepbrother?

A

yes

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22
Q

Can a same sex couple have an informal marriage in Texas?

A

no

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23
Q

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

A

informal marriage

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24
Q

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

A

ceremonial marriage

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25
Q

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

A

beneficiary

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26
Q

The U.S. Attorney General is

A

Loretta Lynch

27
Q

The Chief Justice of the United States is

A

John Roberts

28
Q

Their going to appoint a liaison to handle the matter, even though its not to important.

A

They’re going to appoint a liaison to handle the matter, even though it’s not too important.

29
Q

There are ___ (#) of strictly Family Courts in Harris County.

A

9

30
Q

What are the three requirements for an Informal Marriage in Texas?

A
  1. H - Hold each other out as married
  2. A - Agree that you are married
  3. C - Cohabitate
31
Q

Texas has two kinds of marriage

A
  1. Informal marriage

2. Ceremonial marriage

32
Q

What goes into a will?

A
  • Identity of the testator
  • Sound Mind
  • Voids prior wills
  • Bequests to beneficiaries (who gets what)
  • Identify of the family
  • Spouse
  • Children
  • Afterborne children
  • Parents
33
Q

When is a will effective?

A

When the testator dies.

34
Q

What is a Life Estate?

A

In Texas you can leave separate property to anyone you want, but if your spouse is living in the home he cannot be kicked out.

35
Q

What is required in a ceremonial marriage?

A
  • license

- ceremony

36
Q

Who should I pick as the executor of my will?

A

someone you trust

37
Q

Contingent trust

A

Because a minor child cannot inheret, the trust is created and can either lump sum distribute when the minor becomes of age (18)or make a 3 point distribution with the ages (18+)picked by the testator .

38
Q

What is an In Terrorem Clause? Is it optional?

A

A no contest clause. Says if you contest the will, even of you win, you can’t get anything from the will. Jac automatically puts this in her client’s wills, but yes, it is optional.

39
Q

What is a Spendthrift Provision? Is it optional?

A

It’s says you cannot assign your benefit to the will to a 3rd party. It prevents motive to murder the testator. It is NOT optional.

40
Q

What is a Self-Proving Affidavit? Where is it and why do we have it?

A

It is the signature page with 2 witnesses, the testator, and a notary all signing. It is at the end of the will and keeps from having to take witnesses to probate.

41
Q

What is a will execution?

A

It is the signing of the will. The testator, 2 witnesses each at least 14 years old, and a notary must sign.

42
Q

What do you do with your will?

A

Make copies of your will. Testator keeps copy and perhaps gives one to each kid. Keep the will somewhere safe, but bank deposit is bad idea because no one can get to it. You can file with county, but is bad idea because it is public record. Lawyer will keep a copy.

43
Q

What if you change your mind about the will?

A

You can add a codicil (a document executed in same way as a will, making additions or changes to an existing will), but most lawyers recommend redoing the will completely.

44
Q

What is a Holographic Will?

A

A will completely in the testator a handwriting. It cannot be done on any part on the computer or be on a fill in the blank form.

45
Q

What does Intestate mean?

A

To die without a will

46
Q

What happens intestate?

A

Estate follows Texas Probate Code

47
Q

What does probate mean?

A

To prove up (to prove what will says it is)

48
Q

Who has to go to court for probate?

A

Executor and lawyer

49
Q

What is the statute of limitations on a will?

A

4 years- but it is a soft statute meaning that the court will usually let you probate even if it has been more than 4 years.

50
Q

What are non-probate assets?

A

Assets that do not have to probate after death- insurance with beneficiary, checking accounts with someone else’s name on them

51
Q

What is a living trust? Good idea?

A

A living trust is completely different from a living will. It is sold to people to keep from having to probate. Used as a scare tactic on old people. In Texas, probate doesn’t cost a lot and setting up a trust will cost more than probate ever would and usually end up having to probate anyway. For a living rust to work, all real property, accounts, car must be changed into trust’s name. The only time in Texas this might be beneficial is if you own property in other states.

52
Q

Name the different Powers of Attorney

A 
Durable Power of Attorney 
Medical Power of Attorney 
Directive to Physician 
Designation of Guardian 
Appointment of Agent to Control Disposition of Remains
53
Q

What is a Durable Power of Attorney?

A

Gives another person- the Agent-the power to make financial decisions. It is only effective while alive and can be effective immediately or upon incapacity.

54
Q

Medical Power of Attorney

A

Gives another person the power to make medical decisions. It must be a separate document-not part of any other document. It can be effective immediately or upon incapacity.

55
Q

Directive to Physicians

A

Directs your physician and other medical professionals about your wishes in a variety of end-of-life situations. It is often called a “living will”.

56
Q

What is the difference between an “advanced directive” and a “directive to physicians”?

A

An advanced directive usually refers to mental health.

57
Q

How did common law marriage in Texas come about?

A

Texas was so big and there weren’t enough judges and they didn’t want illegitimate children, so they made common law marriages and eventually put it into statute-informal marriage.

58
Q

Who do the texans play this week?

A

Cincinnati Bengals on Monday November 16th

59
Q

who did the rockets play on Saturday

A

they beat the L.A. Clippers 109 to 105

60
Q

when is the rockets next game?

A

Wednesday, November 11th and they play the Brooklyn Nets.

61
Q

Who did the dynamo play

A

Saturday, November 7th and beat Columbus Crew SC 1 to 0

62
Q

Dyanomo’s next game

A

Friday, March 13th against the Orlando City SC

63
Q

When did the cougars play?

A

The beat the Cincinnati Bearcats on Saturday, November 7th & and their
next game is Saturday November 14th against the Memphis Tigers

Paralegal (28 decks)

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