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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.

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.

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.

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 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.

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 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).

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.

An update of the legislative changes regarding selected matters pertaining to Texas wills, trusts, estates, and other related 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.

The post-mortem probate model prevalent in the United States is deficient because the testator is deceased and unable to testify as to his testamentary capacity, intent, and freedom from undue influence. Post-mortem probate leads to the problem of will contests that eat away at the corpus of the estate no longer protected by the evidentiary power that lies buried with the testator. This result can be avoided by using a pre-mortem or living probate and conducting proceedings for validating the will while the testator is still alive. This article discusses the development, the benefits, and the deficiencies of ante-mortem probate models. The author concludes by recommending that jurisdictions lacking pre-mortem probate should consider allowing procedures that convey the benefits of this technique to their citizens.

The article discusses various reasons why an attorney should anticipate a will contest and what steps an attorney can take while drafting a will to lessen the likelihood of a will contest. Suggestions and steps are given for enhancing the will execution ceremony and for selecting witnesses. The author also offers tips for maintaining the will after the will execution ceremony.

There are a multitude of reasons why a majority of people die intestate. Statutory wills offer an alternative method in which the layperson can ensure his estate is disposed of according to his wishes. This article begins with a comprehensive discussion of the history, contents, and operation of currently existing statutory wills. After examining the pioneering English legislation, this article turns to the American experience with statutory wills. The Uniform Statutory Will Act is considered, followed by a review of the fill-in-the-blank statutory will forms. The analysis of statutory wills is divided into two major sections. First, the article examines the functions and purposes of will forms, as well as the potential difficulties arising from their use. Second, the article analyzes the different types of statutory will methodologies. The incorporation by reference approach of the Uniform Statutory Will Act is compared and contrasted with the fill-in-the-blank approach. The article concludes with recommendations on how these differing methodologies may be used to create effective statutory wills.

This article discusses a brief history of will execution ceremonies, the importance of the will ceremony, and the best practices and procedures for conducting a will execution. A step-by-step guide is given for proper will execution.

Nonresidents often have good reasons for needing or wanting a will in the United States, especially if they own property locally. This article discusses how to create a will for a United States nonresident and how to avoid potential conflicts between a local United States will and any wills the testator may have in other jurisdictions. There is also a future possibility of the United States entering into a convention with other foreign countries that would allow any will following the convention’s requirements to be valid in any of the jurisdictions agreeing to and signing the convention.

This article reviews the basic provisions of the Uniform Anatomical Gift Act. A person may designate in a will, in a document other than a will, or on a driver’s license his desire to donate part or all of his body for one of a number of approved donation purposes. An anatomical gift donor in certain situations may also verbally authorize the donation of part or all of his body.