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School
South Texas College *
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Course
1342
Subject
Law
Date
Feb 20, 2024
Type
Pages
3
Uploaded by MajorIceHamster4
Part 1 of the Assignment:
1.
What was the name of the court that ruled on this case?
County Court at Law, Bowie County, Texas
2.
When was it decided?
October 8, 2020 by the Court of Appeals Sixth Appellate District of Texas at Texarkana
3.
What was the gist (main idea, legal issue) of this case?
The main issue was whether caryn, the personal representative of charles hines estate
breached her duty to the estate and the beneficiaries by selling the family's home to
herself without acknowledging mr hines family members.
4.
What lesson can we take from this case?
The lesson learned here is to be careful of what is being said or what may happen, point
being said is this case is not equitable for the adoption rather than that the substitute of
the legal adoption, it must prove all the elements of the doctrine by clear and convincing
evidence
Part 2 of the Assignment:
KEY TERMS:
1.
Succession:
the action or process of inheriting a title, office, property, etc
2.
Testacy:
the condition of leaving a valid will
3.
Intestacy:
when a person who dies without having in force a valid will or other binding
documentation
4.
living will:
a living will is written, legal document that spells out things you want when u
are alive
5.
specific devise:
distinct piece of real estate to a certain person or persons
6.
Lapse:
become invalid because it is not used, claimed, or renewed, expire
7.
anti-lapse statute:
are complementary concepts under the US law of wills. Which
address the disposition of property that is willed to someone who dies before the testator.
8.
Abatement:
is the act of reducing or nullifying something.
9.
per capita distribution:
all living members of the beneficiary group receive an equal
share.
10. per capita representation:
equally to each individual
11. per stripe distribution:
the value of the estate is divided into shares for each child who
is either alive at the time of distribution or is survived by a descendant.
12. collateral heirs (relatives):
also referred to as a collateral heir or collateral kin, descends
from the same common ancestor as the decedent, but does not descend directly from the
decedent.
13. Escheat:
the right of the government to take ownership of estate asset or unclaimed
property
14. right of election:
sets of legal and constitutional protections designed to ensure the
opportunity to vote in local, state. and federal elections.
15. antenuptial (premarital) agreement:
an agreement made by both parties before getting
married, permitting them to individually retain certain assets during the marriage and
after the marriage.
16. postnuptial agreement:
an agreement made by both parties before getting married,
permitting them to individually retain certain assets during the marriage and after the
marriage.
17. nonmarital child:
a child whose biological parents weren’t married to each other when
that child was born or conceived
18. homestead exemption:
minimizes property taxes for homeowners
19. exempt property:
is a property that cannot be taken by creditors or by a will in certain
situations.
20. family allowance:
an untaxed allowance paid by the government to the parents or
guardian of the child.
REVIEW QUESTIONS:
1.
What is a will contest?
A will contest involves a family conflict. Courts typically require proof that the
deceased improperly executed the will.
2.
What are four types of basic wills? Explain each.
●
Simple Will:
legal document that states who will inherit your assets and
belongings after you pass away
●
Joint Will:
merges the wishes and the assets of two people into a single
document.
●
Testamentary Trust Will:
trust that is to contain a portion or all of the
decedent assets outlined within a person's last will and testament.
●
Living Will:
an individual's will, even though they are alive.
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