TX Bar Wills and Estates 2

Question 1

Under Texas law, which of the following is NOT one of the elements required to establish testamentary capacity?

Accepted Answer

Having at least two living heirs

Answer

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.

Question 2

Under Texas law, a valid holographic will must be:

Accepted Answer

Entirely written and signed in the testator's own handwriting

Answer

A holographic will in Texas must be written wholly in the testator's handwriting and signed; no witnesses or notarization are required.

Question 3

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?

Accepted Answer

A life estate in one-third of the separate real property

Answer

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.

Question 4

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:

Accepted Answer

H's separate property passing under Texas intestate succession

Answer

Property purchased entirely with a spouse's separate property funds retains its separate property character under Texas tracing rules.

Question 5

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:

Accepted Answer

Is entitled to an intestate share as a pretermitted heir

Answer

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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Wills and Estates 2