July 2016 Texas Bar Exam Forum

[BigZuck]

A wills everything to his brother, B. A dies, A has a pretermitted child, C.

C gets stuff right? How does that work? I know C gets an "intestate share" but everything was willed away to B. Do we still honor the will and give everything to B? If not, how do we give stuff to C? Pretend the will doesn't exist? That doesn't seem right...

[JS281]

A wills everything to his brother, B. A dies, A has a pretermitted child, C.

C gets stuff right? How does that work? I know C gets an "intestate share" but everything was willed away to B. Do we still honor the will and give everything to B? If not, how do we give stuff to C? Pretend the will doesn't exist? That doesn't seem right...

I definitely could be wrong so somebody correct me if I am, but I think C would take all of what B was to receive. I believe that you have to prorate what B would get by the amount of kids (so 1/x) and since there is only one child, then it is 1/1.


That's my guess at least.

[Yardbird]

A wills everything to his brother, B. A dies, A has a pretermitted child, C.

C gets stuff right? How does that work? I know C gets an "intestate share" but everything was willed away to B. Do we still honor the will and give everything to B? If not, how do we give stuff to C? Pretend the will doesn't exist? That doesn't seem right...

I definitely could be wrong so somebody correct me if I am, but I think C would take all of what B was to receive. I believe that you have to prorate what B would get by the amount of kids (so 1/x) and since there is only one child, then it is 1/1.


That's my guess at least.

A pretermitted child, C, that is not provided for in the will takes all of A's property not bequested to the child's other parent, so long as A has no other children at the time the will is executed (so the child is actually pretermitted) and so long as C is not named in any non-probate documents (e.g. life insurance, survivorship bank account). So in the above, C takes everything since nothing was willed to C's other parent and C doesn't seem to be named in any non-probate documents. If there is more than one pretermitted child, they take equal shares of the property not bequeathed to the other parent, so long as they aren't named in any non-probate transfer. If there are any non-pretermitted children (e.g. children who are in existence when the will was executed), the analysis would change.

[BigZuck]

A wills everything to his brother, B. A dies, A has a pretermitted child, C.

C gets stuff right? How does that work? I know C gets an "intestate share" but everything was willed away to B. Do we still honor the will and give everything to B? If not, how do we give stuff to C? Pretend the will doesn't exist? That doesn't seem right...

I definitely could be wrong so somebody correct me if I am, but I think C would take all of what B was to receive. I believe that you have to prorate what B would get by the amount of kids (so 1/x) and since there is only one child, then it is 1/1.


That's my guess at least.

A pretermitted child, C, that is not provided for in the will takes all of A's property not bequested to the child's other parent, so long as A has no other children at the time the will is executed (so the child is actually pretermitted) and so long as C is not named in any non-probate documents (e.g. life insurance, survivorship bank account). So in the above, C takes everything since nothing was willed to C's other parent and C doesn't seem to be named in any non-probate documents. If there is more than one pretermitted child, they take equal shares of the property not bequeathed to the other parent, so long as they aren't named in any non-probate transfer. If there are any non-pretermitted children (e.g. children who are in existence when the will was executed), the analysis would change.

Ok cool

Yeah, I was trying to keep it as simple as possible. Assume C is the only pretermitted child, not taken care of by non-probate means, not written out of the will, etc. It's just between B and C and I was wondering if C could totally divest B of everything given to B in the will. Sounds like that's the case.

Thanks

[Yardbird]

A wills everything to his brother, B. A dies, A has a pretermitted child, C.

C gets stuff right? How does that work? I know C gets an "intestate share" but everything was willed away to B. Do we still honor the will and give everything to B? If not, how do we give stuff to C? Pretend the will doesn't exist? That doesn't seem right...

I definitely could be wrong so somebody correct me if I am, but I think C would take all of what B was to receive. I believe that you have to prorate what B would get by the amount of kids (so 1/x) and since there is only one child, then it is 1/1.


That's my guess at least.

A pretermitted child, C, that is not provided for in the will takes all of A's property not bequested to the child's other parent, so long as A has no other children at the time the will is executed (so the child is actually pretermitted) and so long as C is not named in any non-probate documents (e.g. life insurance, survivorship bank account). So in the above, C takes everything since nothing was willed to C's other parent and C doesn't seem to be named in any non-probate documents. If there is more than one pretermitted child, they take equal shares of the property not bequeathed to the other parent, so long as they aren't named in any non-probate transfer. If there are any non-pretermitted children (e.g. children who are in existence when the will was executed), the analysis would change.

Ok cool

Yeah, I was trying to keep it as simple as possible. Assume C is the only pretermitted child, not taken care of by non-probate means, not written out of the will, etc. It's just between B and C and I was wondering if C could totally divest B of everything given to B in the will. Sounds like that's the case.

Thanks

Yup no worries. Just put the more complicated answer in case someone sees this next year or something. Good luck to everyone this week, I feel like I've aged a few years studying for/worrying about this...

[Learning9]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

[Yardbird]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

From the instructions:

• The MBE is machine-graded and must be taken with a No. 2 pencil or an equivalent.
• Bring enough pencils to allow for dulling and breakage. Do not bring a pencil sharpener. Do not
  bring pens or highlighters.

Makes it seem like they mean only non-mechanical pencils, though they don't specifically say you can't have them. That being said, why risk it? Just grab a pack of pencils - the LSAT and MPRE didn't allow for mechanical pencils, so my guess would be the TBE might not allow them even if they don't specifically have them down.

I'm planning on getting to NRG between 7:45 and 8:00 to avoid any possible issues with traffic (commuting from downtown).

[Learning9]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

From the instructions:

• The MBE is machine-graded and must be taken with a No. 2 pencil or an equivalent.
• Bring enough pencils to allow for dulling and breakage. Do not bring a pencil sharpener. Do not
  bring pens or highlighters.

Makes it seem like they mean only non-mechanical pencils, though they don't specifically say you can't have them. That being said, why risk it? Just grab a pack of pencils - the LSAT and MPRE didn't allow for mechanical pencils, so my guess would be the TBE might not allow them even if they don't specifically have them down.

I'm planning on getting to NRG between 7:45 and 8:00 to avoid any possible issues with traffic (commuting from downtown).

Thanks.

[BVest]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

They specifically permitted #2 pencils in July 2015 and I used one. Pentel sells a #2 equivalent in multiple lead widths. I think I used 0.5mm.

Here's my rave about it last year: http://top-law-schools.com/forums/viewt ... 3#p8747593

Reviewing exam instructions... was glad to see this for MBE (at least for Texas' administration): "Mechanical pencils may be used as long as they contain the equivalent of No. 2 lead."

[Yardbird]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

They specifically permitted #2 pencils in July 2015 and I used one. Pentel sells a #2 equivalent in multiple lead widths. I think I used 0.5mm.

Here's my rave about it last year: http://top-law-schools.com/forums/viewt ... 3#p8747593

Reviewing exam instructions... was glad to see this for MBE (at least for Texas' administration): "Mechanical pencils may be used as long as they contain the equivalent of No. 2 lead."

They removed that provision so it could be risky this year.

[BVest]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

They specifically permitted #2 pencils in July 2015 and I used one. Pentel sells a #2 equivalent in multiple lead widths. I think I used 0.5mm.

Here's my rave about it last year: http://top-law-schools.com/forums/viewt ... 3#p8747593

Reviewing exam instructions... was glad to see this for MBE (at least for Texas' administration): "Mechanical pencils may be used as long as they contain the equivalent of No. 2 lead."

They removed that provision so it could be risky this year.

And yet they still say "or equivalent." I don't know if that has any meaning in relation to conventional pencils. (And I would never rely on only mechanical pencils, even if explicit, solely for chance of failure. I brought both but used my mechanical).

[Learning9]

.

[fly_lawy3r]

On a different note, does anyone know what a good score is on the P&E section? And I guess more specifically, I know it's worth a total of 200 raw pts, so because it's a relatively "easy" section, would it be damning if we got, say, "only" a 140 or 150?

[murdock83]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

Hopefully they have their act together this July. I think the first day last year they only had one gate open to enter/leave and it was the one off of Kirby. I wanna say the 2nd day was cash only for parking and no cards. It created such a cluster I think they opened a few other places.

[umstah]

On a different note, does anyone know what a good score is on the P&E section? And I guess more specifically, I know it's worth a total of 200 raw pts, so because it's a relatively "easy" section, would it be damning if we got, say, "only" a 140 or 150?

Im wondering about this too. I've been struggling with this section for some reason - I've had to resort to making flashcards and drilling answers..

[umstah]

can we use mechanical pencils in the exam?

for people taking it at nrg, what time are you getting there?

Hopefully they have their act together this July. I think the first day last year they only had one gate open to enter/leave and it was the one off of Kirby. I wanna say the 2nd day was cash only for parking and no cards. It created such a cluster I think they opened a few other places.

Is there any place to get dropped off? At the gate? I was thinking of having someone drop me off as i don't want to deal with driving on the first day.

[murdock83]

I wanna say there were drop offs, especially with so many people traveling in. I'm sure you can probably tell them at the gate you are just dropping off.

[stk3791]

I dont see it in the instructions, but I feel like I saw the information somewhere... Are we supposed to download the exam files before tomorrow?

[Kragoth180]

no more studying....
Time to drink a bit of alcohol and relax

[longhornlaw]

I dont see it in the instructions, but I feel like I saw the information somewhere... Are we supposed to download the exam files before tomorrow?

Yes. Do it now.

[fly_lawy3r]

I dont see it in the instructions, but I feel like I saw the information somewhere... Are we supposed to download the exam files before tomorrow?

Yes. Do it now.

I must have downloaded these a while ago. I think these are the four files we're supposed to have for this week, everyone: http://i.imgur.com/QRyX2LV.png

[stk3791]

I dont see it in the instructions, but I feel like I saw the information somewhere... Are we supposed to download the exam files before tomorrow?

Yes. Do it now.

I must have downloaded these a while ago. I think these are the four files we're supposed to have for this week, everyone: http://i.imgur.com/QRyX2LV.png

Ok I have that same screen so I must've downloaded them back when I installed the program

[bigtex29]

.

[longhornlaw]

Good luck everyone! You've put in the work, now ask you have to do is execute like you've practiced. You can get normal sleep soon.

[0lol]

that wasn't too bad