TX Bar Wills and Estates 3

Question 1

H executes a valid will and later writes 'VOID' across every page and signs his name. Under Texas Estates Code §253.002, this act:

Accepted Answer

Effectively revokes the will by cancellation

Answer

Texas Estates Code §253.002 permits revocation by cancellation, so writing 'VOID' and signing constitutes a valid revocation.

Question 2

T revokes Will #1 by executing Will #2. T then revokes Will #2 by destroying it. Under Texas law, Will #1 is:

Accepted Answer

Not revived unless T re-executes it or a codicil expressly refers to it

Answer

Texas follows the no-automatic-revival rule; destroying the second will does not restore the first will without re-execution or express revival language.

Question 3

Which statement best describes independent administration in Texas?

Accepted Answer

After qualifying, the executor manages estate assets without ongoing court supervision

Answer

Independent administration allows the executor to act without court approval for most transactions after the initial inventory and appraisement, making it more efficient than dependent administration.

Question 4

T bequeaths 'my red Toyota Camry' to A. Before T's death, T sells the Camry and spends the proceeds. Under Texas ademption rules, A receives:

Accepted Answer

Nothing, because the specific bequest has adeemed by extinction

Answer

Under the identity theory, a specific bequest of property that no longer exists in the estate at death adeems, and the beneficiary receives nothing.

Question 5

Under Texas Estates Code §352.001, an executor's statutory commission may not exceed what percentage of the gross fair market value of assets subject to administration?

Accepted Answer

5%

Answer

Texas law caps the executor's statutory commission at 5% of the gross fair market value of assets subject to administration.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Wills and Estates 3