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

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.

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.

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

The majority of individuals over age sixty-five use digital resources such as e-mail and the Internet, however, most people have not planned for how to dispose of digital assets after their deaths. This article discusses the need to plan for digital assets, laws and regulations currently in existence, and ideas about where the future of digital asset legislation and regulation may be going.

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

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

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

This article discusses thirty cases relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters.

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

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

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

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

Probate can be complicated, and having access to a resource containing probate forms can make the probate process more straightforward. This book contains forms for estate administration and guardianship matters.

A quick overview of some of the 2011 Texas probate law court cases.

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

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

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

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

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

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

This working paper discusses the basics of Texas intestate succession law followed by a discussion of a variety of issues and updates which may affect the intestacy distribution scheme. Power point slides are included which highlight the issues discussed in the paper.

A discussion of seven Texas Supreme Court cases and several other non-Texas Supreme Court cases that will have an effect on Texas estate planning.

This article discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The article covers approximately twenty-five cases that were reported from mid-2009 to mid-2010. 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.

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

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

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

This collection features organization similar to the Texas Probate Code to make estate administration work easier and faster. Coverage includes jurisdiction of probate court and district court, venue, pleadings and procedure, probate records, review of probate decrees, citations and notice, suits by and against estates, conveyances, determination of heirship, probate of wills and grant of letters, proceedings to set aside probate of will, foreign wills, administration of community property, assets of the estate subject to administration, homestead and other exempt property, creditors’ claims, sales, hiring and renting, mineral leases, partition and distribution, final settlement, and fundamentals of estate planning.

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

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

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

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

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

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

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

This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. The article also gives a review of the common law background and the wide variety of approaches adopted by United States courts, legislators, and commentators. This article concludes with the recommended steps an owner should take to maximize the chances of the pet receiving the desired care after the owner’s death.

The first part of the article is a case law update which discusses judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the survey period of October 1, 1998 through September 30, 1999. The second part of the article is a statutory update discussing changes made by the 1999 Texas legislature to the statutes governing probate, wills, guardianship , and trusts.

The majority of Americans do not execute wills, and thus their estates are burdened with rigid and often intent-defeating estate plans imposed by intestate succession laws. In the 1980’s, in an effort to increase the number of residents with customized estate plans, four state legislatures authorized the use of statutory fill-in-the blank will forms. A discussion ensues of the operation of statutory fill-in-the blank will forms, their benefits and disadvantages, and problems and concerns. Next, the author discusses the empirical findings of three studies which were designed to study the ease of use, effectiveness, and legal professionals’ opinions of using statutory fill-in-the blank will forms. Finally, the author reflects on the future of statutory wills.

Most jurisdictions within the United States currently utilize the post-mortem model of probate. Under this theory, an individual of legal age and of sufficient mental health plans for the distribution of his estate at death, apportioning shares to individuals or organizations that he feels are most deserving. These intentions are formalized in a will and stored in a safe and often secret place until the death of its writer. At that time, it will be read again to proclaim donative intent and assure that the estate is distributed in accordance with the testator's desires. However, will contests often arise that destroy the testator's wishes. An alternative for post-mortem probate is to validate the testator's will during the testator's lifetime, known as ante-mortem or living probate. This article discusses the issues with post-mortem probate and the conventional techniques that fail to resolve these problems. The authors then discuss three modern ante-mortem probate models, the three states with ante-mortem statutes, and the unsuccessful efforts to approve a uniform act. The authors also urge that ante-mortem probate be given serious consideration.

Videotapes are increasingly being used in the civil and criminal arenas of the legal profession, and they are also beginning to be used in the probate process. There are several procedural barriers to using videotapes during probate including evidentiary requirements and admissibility standards. The laws governing videotape use in probate are just beginning to form, but the author concludes that widespread acceptance of videotapes in probate will continue to grow as legal professional realize the value videotapes add to the probate process.