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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.

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

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.

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.

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.

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

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

A brief summary of laws enacted by the 2011 Texas legislative session. Topics addressed include the Texas estates code, wills, estate administration, trusts, and other estate planning matters.

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.

This article discusses the history of in terrorem clauses and the enforcement of in terrorem clauses in Texas. Next, the author discusses the intent of the passage of HB 1969 and how it may change the enforcement of in terrorem clauses in Texas. Techniques are given in which Texas testators and settlors may try to avoid limits imposed by HB 1969 on in terrorem clause enforcement.

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, 2008, through October 31, 2009. 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 by the case. By recognizing situations that may 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.

This article discusses legislative and judicial developments relating to Texas law on intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of October 1, 2006, through September 30, 2007. 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 by the case. By recognizing situations that may 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 (taken from introduction to article).

Co-authored with John K. Hanft, In this book, Professor Beyer and Professor Hanft employ real-world examples to help students understand the rules of law relating to wills, trusts, and estates, and to demonstrate how those rules apply to real life situations. The leitmotif of the book is hands-on learning, offering examples, applications, and exercises to provide the student with detailed coverage of interstate succession, wills, estate administration, non-probate transfers, trusts, and other estate planning concerns. The book begins with an introduction and overview of wills, trusts, and estates followed by Part One, which covers intestate succession. Part Two covers issues relating to wills, including the requirements for a valid will, effective revocation of wills, and will contests. Parts Three, Four, and Five cover estate administration, non-probate transfers, and trusts, respectively. Finally, Part Six discusses other estate planning concerns like wealth transfer taxation, disability and death planning, and malpractice and professional responsibility. The book contains a glossary, a sample will with testamentary trust form, a bibliography, and an index. Three tables of provisions from the Uniform Probate Code (UPC), the Uniform Trust Code (UTC), and the Internal Revenue Code (IRC) are also included.

This article gives background and guidance on how to be a pet-friendly estate planner. The author also gives thirteen key points to consider before deciding to choose a traditional pet trust.

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 from November 2, 2005 through November 1, 2006. 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.

Professor Beyer gives informative answers to questions concerning pet trusts.

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 cases that were reported after the cut-off date for Case Law Update, in South Texas College of Law, Wills & Probate Institute ch. P (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 casebook comprehensively reviewing the estate planning process.

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.

Trust and estate law continues to evolve. Factors driving change include an increase in life expectancy, numerous advances in medical technology, the increased geographic mobility of individuals, the growing use of revocable trusts as substitutes, the trend to abolish the rule against perpetuities, and restrictions on the ability of creditors to reach self-settled trusts. This article examines some of these trends as well as other patterns that will affect practicing trust and estate law in the near and distant future. Topics addressed in the article include retirement funding, physical and mental health issues, revocable trusts, uniform state rules, ante-mortem probate, estate and gift tax reform, modernization of trust law, nontraditional families, estate administration, and nonprobate assets.

Summarizes intestate succession, will execution, will revocation, will interpretation and construction, will contests, other will issues, probate avoidance techniques, an introduction to estate administration, and other concerns involving wills and estates. Also gives examples with detailed answers.

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

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