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14 Cards in this Set
- Front
- Back
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Jurisdiction?
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Statutory probate courts and county courts at law have exclusive, original jurisdiction
County and district courts have concurrent jurisdiction |
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Venue for a) Texas Resident and b) non resident?
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a) only in county of domicile
b) If T dies in Texas, either in county of death or county of principal assets. If T dies outside Texas, 1st- county of nearest kin, 2nd- county of principal assets |
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What is Statute of Limations for probating a will?
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4 years
If presented after 4 years, then only muniment of title. Note: SOL of 2yrs is for contesting will only |
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Explain family settlement
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– don’t include legal title, less than 2 debts, harmonious family
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Explain muniment of title
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i) Finding of no unpaid debts (other than mortgage on homestead)
ii) Effect establishes ownership rights of the beneficiaries |
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Explain statutory heirship
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i) Serves same function of muniment of title
ii) Establishes person is dead, left no will, survived by named persons as heirs, fixes intestate shares. Note: involves lawsuit where muniment of title does not |
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Explain nonstatutory heirship
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Informal procedure (usually many yrs later) using affidavits of people familiar w/ the family stating that estate was not administered & naming the decedent’s heirs
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Explain small estate administration
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i) $50k or Less- Collection by Affidavit
(1) No need for admin (2) $50k does not include homestead & exempt personal property ii) If homestead is only real property, title can be transferred under small estate admin. affidavit iii) If value of estate (not including homestead & exempt personal property) doesn’t exceed family allowance no admin necessary |
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What are the 2 ways secured creditors' can present their claim?
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1. matured secured claim- due now
2. Preferred Debt & Lien- creditor waives right to collect from estate. Looks to collateral If creditor doesn’t choose w/i 6 mo, automatically is preferred debt & lien |
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What are the homestead rights?
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200 acres of rural land (100 single)
or 10 urban acres Spouse can live their rent free for live if used as principal residence. Must pay taxes & mortgage interest but not insurance. |
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What is exempt personal property
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60k in personal belongings (married) or 30k for single
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Explain allowance in lieu of homestead/exempt property
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If descendent doesn't have enough for homestead & exempt property, can get an award up to $15,000 for homestead, & up to $5,000 for personal property.
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What is the family allowance?
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SS and minor kids get allowance for their maintenance for 1 year with a showing that they have inadequate property for their support.
Note: don't consider SS's CP in determination of need |
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When can you have an independent administrator
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1. if all distributees agree and 2. court finds it is in best interest of estate
Note: courts very liberal in finding that person named as executor has indep. admin. powers |
