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 the Texas Constitution and Estates Code, a surviving spouse's right to occupy the homestead:
Answer: Is a right to use and occupy the homestead for life or until abandonment
The surviving spouse holds a constitutional homestead right of use and occupancy for life or until abandonment — it does not terminate upon remarriage.
Under the Texas Estates Code, the family allowance is best described as:
Answer: A reasonable allowance paid to the surviving spouse and minor children during estate administration
The family allowance is a court-ordered reasonable maintenance allowance payable to the surviving spouse and minor children during administration of the estate.
For a testamentary trust created by a will to be valid, which set of elements is minimally required?
Answer: A definite beneficiary, a trustee, and identified trust property
A valid trust requires trust property, a trustee, and a definite beneficiary; it need not be a separate document or pre-approved by the court.
Under Texas Estates Code §254.005, a no-contest (in terrorem) clause in a will is:
Answer: Enforceable, but a contest brought with just cause or probable cause will not trigger it
Texas enforces no-contest clauses, but a beneficiary who contests with probable cause will not forfeit their bequest.
When a Texas estate has insufficient assets to pay all legacies, which class of bequests abates LAST (is paid first)?
Answer: Specific bequests
Under the Texas abatement order, residuary bequests are exhausted first, then general, then demonstrative, and specific bequests are the last to abate.
Under the Texas slayer rule (Estates Code §201.058), a beneficiary who feloniously and intentionally kills the decedent:
Answer: Forfeits any benefit under the will and by intestate succession
Texas treats a felonious and intentional killer of the decedent as having predeceased the decedent, barring any benefit under the estate by will or intestacy.
A durable power of attorney in Texas remains effective after the principal's incapacity because:
Answer: It contains statutory language providing that it survives the principal's incapacity
A power of attorney is durable if it expressly states that it is not affected by the principal's subsequent disability or incapacity, as required by Texas Estates Code §751.0021.