Texas Wills Essay Question Please help

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yourmomsofun
Posts: 3
Joined: Fri Jul 27, 2012 4:56 pm

Texas Wills Essay Question Please help

Postby yourmomsofun » Fri Jul 27, 2012 5:15 pm

John and Marie, lifelong residents of McLennan County, Texas, married in 1952. John had a child, Robert from a previous marriage. John and Marie had three children from their marriage, Tom, Nick and Grace,

In 1965, unbeknownst to Marie, John executed his first and only Will. It was in all respects validly executed, but was not self-approved. The two witnesses to the Will were John's lawyer who drafted the Will, and the lawyer's secretary, both of whom still reside in McLenna County.

The provision in the Will appointing an executor stated, "To serve as Executor of this Will and my estate, I appoint my spouse." The Will contained no other provision concerning the administration of the estate.

The disposition provision of John's Will stated, "I give, devise, and bequeath all of my property, of whatsoever nature, and wheresoever situated, to my spouse, or if she does not survive me, to my children. On his deathbed, John told Marie about the 1965 Will and said, "In that Will, I have left you everything." John's attorney was able to find John's file and provided Marie with a photo copy of the Will. But, despite a diligent search, the original is never found. The file contains no information regarding what happened to the original Will.

At the time of John's death, his property contains no information regarding what happened to the original Will. At the time of John's death, his property was community property, consisting of the family home, which John and Marie had purchased in 1954, and a joint checking account with rights of survivorship in the names of John and Marie. All debts and final expenses were paid shortly after John's death.

Marie has found a buyer for the home at a very good price and wishes to sell it. The children however, oppose the sale. Neither the buyer nor the title company is willing to proceed unless she can establish that she has clear title to the home.

1. Without probate proceedings, can Marie produce clear title to the house in her sole name? Explain fully

2. What proof must Marie produce in order to admit John's Will to probate, and is it likely that she will succeed? Explain fully

3. What steps would be required for the administration of John's estate in each of the three available forms of administration, and which would be the easiest and most advantageous for Marie? Explain fully

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R86
Posts: 476
Joined: Mon Mar 05, 2012 8:03 pm

Re: Texas Wills Essay Question Please help

Postby R86 » Fri Jul 27, 2012 5:18 pm

yourmomsofun wrote:John and Marie, lifelong residents of McLennan County, Texas, married in 1952. John had a child, Robert from a previous marriage. John and Marie had three children from their marriage, Tom, Nick and Grace,

In 1965, unbeknownst to Marie, John executed his first and only Will. It was in all respects validly executed, but was not self-approved. The two witnesses to the Will were John's lawyer who drafted the Will, and the lawyer's secretary, both of whom still reside in McLenna County.

The provision in the Will appointing an executor stated, "To serve as Executor of this Will and my estate, I appoint my spouse." The Will contained no other provision concerning the administration of the estate.

The disposition provision of John's Will stated, "I give, devise, and bequeath all of my property, of whatsoever nature, and wheresoever situated, to my spouse, or if she does not survive me, to my children. On his deathbed, John told Marie about the 1965 Will and said, "In that Will, I have left you everything." John's attorney was able to find John's file and provided Marie with a photo copy of the Will. But, despite a diligent search, the original is never found. The file contains no information regarding what happened to the original Will.

At the time of John's death, his property contains no information regarding what happened to the original Will. At the time of John's death, his property was community property, consisting of the family home, which John and Marie had purchased in 1954, and a joint checking account with rights of survivorship in the names of John and Marie. All debts and final expenses were paid shortly after John's death.

Marie has found a buyer for the home at a very good price and wishes to sell it. The children however, oppose the sale. Neither the buyer nor the title company is willing to proceed unless she can establish that she has clear title to the home.

1. Without probate proceedings, can Marie produce clear title to the house in her sole name? Explain fully

2. What proof must Marie produce in order to admit John's Will to probate, and is it likely that she will succeed? Explain fully

3. What steps would be required for the administration of John's estate in each of the three available forms of administration, and which would be the easiest and most advantageous for Marie? Explain fully

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sunynp
Posts: 1899
Joined: Tue May 24, 2011 2:06 pm

Re: Texas Wills Essay Question Please help

Postby sunynp » Sat Jul 28, 2012 1:55 pm

No idea why you are posting these here? Were they from the bar exam?

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Systematic1
Posts: 237
Joined: Sun Feb 19, 2012 5:14 pm

Re: Texas Wills Essay Question Please help

Postby Systematic1 » Sat Jul 28, 2012 2:52 pm

Do your own fucking work.




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