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Prudent estate professionals must address digital assets from two perspectives. First, they must provide for the disposition of digital assets. Second, they must provide instructions to fiduciaries regarding access to digital assets especially in light of the widespread enactment of the Revised Uniform Fiduciary Access to Digital Assets Act. This Study aims to provide the information you need to be well-informed about the cyberspace-estate planning interface.

An annual update on notable Texas cases and legislative changes that may affect estate planning. Topics vary but may include: durable power of attorney, digital assets, inheritance rights and medical power of attorney.

Reviews Mark Glover’s article, Freedom of Inheritance, 2017 Utah L. Rev. 283 (2017), available at SSRN, https://trustest.jotwell.com/uncaging-the-donees-freedom/. Overall, the article is recommended as a clear explanation of the importance of disclaimers for both the donor and the done. Taking a view from the donee’s perspective is an innovative feature of Prof. Glover’s article. As an advocate for effective estate planning, this article helps further demonstrate how estate planning involves legal and ethical considerations from both the donor’s and donee’s perspectives.

A brief update on topics that were explored by Texas courts during 2016. The review covers the major lessons to be learned from the decisions rendered in probate cases during the latter part of 2015 and 2016. Starting with three cases from the Texas Supreme Court.

A look at selected recent cases, rulings and regulations, literature, and legislation.

This article discusses legislative and judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of November 1, 2014 through October 31, 2015. The reader is warned that not all newly enacted statutes and decided cases during the Survey period are presented, and not all aspects of each cited statute and case are analyzed. You must read and study the full text of each statute and case before relying on it or using it as precedent. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that have resulted in time consuming and costly litigation in the past, the reader may be able to reduce the likelihood of the same situations arising with his or her clients.

Attorneys have a professional responsibility to supervise and conduct will execution ceremonies in a professional manner. The often unprofessional and unsupervised handling of will execution ceremonies increases the chance of will contests after the testator’s death. Step-by-step instructions are given for executing a proper will ceremony under Texas law that will help reduce the possibility of will contests in the future. The author also notes specific items to pay attention to before, during, and after the will execution ceremony.

As a general rule, personal property falls into two major categories—tangible and intangible. Recently, many have started to use a subdivision of personal property known as “digital assets.” Most attorneys are not sure how to address the disposing of digital assets, but the importance of understanding digital assets and how to incorporate them into an estate plan is paramount. This article discusses digital assets, the disadvantages of not planning for their disposition, the advantages of planning for their disposition, and suggestions for incorporating them into an estate plan.

A look at selected recent cases, rulings and regulations, literature, and legislation.

Short summaries of interesting happenings in the world of estate planning.

A tribute to Professor Aloysius A. Leopold who taught law at St. Mary’s University School of Law for over forty years.

A look at selected recent cases, rulings and regulations, literature, and legislation.

A look at selected recent cases, rulings and regulations, literature, and legislation.

Decanting is a form of trust modification that is initiated by a trustee. This article discusses the reasons to decant, a trustee’s fiduciary duties, decanting’s interface with fiduciary duties, state decanting statutes, and issues associated with decanting.

This article discusses the threshold legal criteria for Texas executors, trustees, and agents, their desirable qualities and characteristics, the potential benefits and disadvantages between using individual versus corporate fiduciaries, and other related considerations.

An inter vivos trust, also known as a living trust, is created during the lifetime of the settlor; testamentary trusts do not take effect until the settlor dies. This article discusses the advantages and disadvantages of clients using inter vivos trusts in their estate plans.

A look at selected recent cases, rulings and regulations, literature, and legislation.

This article discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

This article provides a discussion of Texas judicial developments relating to intestacy, wills, estate administration, trusts, and other estate planning matters.