Wills and Estates Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Wills and Estates flashcards as text
Under Texas law, which of the following is NOT one of the elements required to establish testamentary capacity?
Answer: Having at least two living heirs
Testamentary capacity requires understanding the will, knowing the natural objects of bounty, and knowing one's property — having two living heirs is not a requirement.
Under Texas law, a valid holographic will must be:
Answer: Entirely written and signed in the testator's own handwriting
A holographic will in Texas must be written wholly in the testator's handwriting and signed; no witnesses or notarization are required.
When a Texas decedent dies intestate survived by a spouse and children who are not children of the surviving spouse, what interest does the surviving spouse take in the decedent's separate real property?
Answer: A life estate in one-third of the separate real property
Under Texas Estates Code §201.002, when the decedent's children are not also children of the surviving spouse, the spouse takes only a life estate in one-third of separate real property.
During marriage, H uses pre-marital savings to purchase a rental property in his name alone. If H dies intestate, this property is most likely characterized as:
Answer: H's separate property passing under Texas intestate succession
Property purchased entirely with a spouse's separate property funds retains its separate property character under Texas tracing rules.
T executes a valid will leaving everything to her husband. Two years later she has a child and dies without amending the will. Under Texas law, the child:
Answer: Is entitled to an intestate share as a pretermitted heir
Under Texas Estates Code §255.051, a child born or adopted after the will is executed and not provided for in the will takes an intestate share.
Which of the following is required for a validly attested (non-holographic) will in Texas?
Answer: Two credible witnesses who sign in the testator's presence
Texas Estates Code §251.051 requires a written will signed by the testator and attested by two or more credible witnesses who sign in the testator's presence.
A self-proved will under Texas law has what primary procedural advantage at probate?
Answer: It is admitted to probate without the necessity of witness testimony to prove due execution
A self-proved will contains a sworn affidavit from the witnesses, allowing it to be admitted to probate without summoning witnesses to testify to proper execution.