RECenter Quiz: Where There's a Will

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Quiz
Where There's a Will
Test Your Knowledge of Texas Wills and Other Testamentary Documents
By Judon Fambrough
July 1997

Although you probably have already made out a will, you may not be aware of the types of wills recognized in Texas, the requirements for execution of each and how your property would be divided if you died intestate (without a will).

Take this quiz to test your knowledge of the subject. After reviewing the correct answers, you may wish to order the Real Estate Center report, Texas Wills (publication 449).

The report contains, as inserts, forms for the Statutory Durable Power of Attorney and the Directive to Physicians as promulgated in the statutes.

A valid nuncupative (oral) will requires the testator to be on his or her death bed and to make the bequest in the presence of two credible witnesses.
T F
If you die intestate, your children always receive your half of the community property.
T F
A holographic will requires no witnesses for validation; hence, this type of will can not be made self-proving.
T F
If you die intestate, your surviving spouse will receive one-half of your separate real property if you have children.
T F
A self-proving will requires no witness testimony to be entered into probate.
T F
If you die intestate, your surviving spouse will receive one-half of your separate personal property if you have no children.
T F
A formally executed will (better known as a type-written will) that is not self-proving requires two witnesses to sign in the testator's presence. The testator need not sign in the presence of the witnesses, nor the witnesses in each other's presence.
T F
In Texas, if you have not executed a Directive to Physicians to Withhold Life-support Devices (better known as a Living Will), your spouse and/or next of kin can not legally make that decision on your behalf.
T F
The primary reason for executing a Statutory Durable Power of Attorney is to avoid having a guardian judically appointed if you become mentally incompetent.
T F
If a couple executes a Right-of-Survivorship Agreement to avoid probate of the community property when the first spouse dies, all the community property must be subject to the agreement. The couple can not pick and choose among the assets.
T F

For an explanation to all answers, click here.

Fambrough is an attorney, member of the State Bar of Texas and senior lecturer with the Real Estate Center at Texas A&M University.

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