Quiz Explanations
Where There's a Will
Test Your Knowledge of Texas Wills and Other Testamentary Documents
By Judon Fambrough
July 1997
- False
. Although Texas recognizes oral wills, the law requires three credible witnesses. Furthermore, the witnesses must commit the bequest to writing within six days.
False. Prior to 1993, children always received the intestate parent’s half of the community property. After 1993, children receive the parent’s half only when the deceased parent had children by someone other than the surviving spouse.
False. A holographic will requires no witnesses. However, the law still allows the will to be made self-proving by adding the affidavit, attaching it to the will and signing it before a notary.
False. If you die intestate with children, your surviving spouse receives a life estate in one-third of your separate real property.
True. The sole intent of making a will self-proving is to avoid having the witnesses to testify.
False. If you die intestate, your surviving spouse will receive all your personal separate property if you have no children.
True. The procedure outlined is correct. However, to make the will self-proving, the testator and two witnesses must sign in each other’s presence and then repeat the process before a notary when signing the affidavit.
False. Texas law allows either the spouse or next of kin to make the decision to withhold life support when death is inevitable. However, the testator should execute the directive to indicate his or her intent and prevent the spouse or next of kin from having to shoulder the responsibility.
True. The primary purpose of the durable power of attorney is to allow the person to choose someone to manage his or her business affairs after incompetency, independent of any judicial action. Actually, two types of durable powers of attorney are recognized in Texas. One is for managing business affairs, the other is for making health-care decisions.
False. The Right-of-Survivorship Agreement may cover all or part of the community property.
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