Browsing by Author "Baker, Steven D."
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Item Rachal v. Reitz and the Efficacy and Implementation of Mandatory Arbitration Provisions in Trusts(Estate Planning and Community Property Law Journal, 2017) Baker, Steven D.The first part of this article discusses the advantages and disadvantages of arbitration—a vehicle for avoiding litigation developed for the commercial world—in the realm of settling trust controversies. The second part of this article considers the impact of the Rachal opinion, as well as statutes in other jurisdictions that have recognized the use of such provisions. The third part addresses the particular limitations of mandatory arbitration in the context of resolving trust disputes. And the last part discusses the implementation of trust arbitration, both in terms of the summarizing the procedures set forth in the Texas Arbitration Act (TAA) and the drafting of the clause itself.Item The Texas Mess: Marital Property Characterization of Trust Income(Texas Tech Estate Planning & Community Property Journal, 2013) Baker, Steven D.Discusses Texas property law and community property law and the characterization of a beneficiary spouse's interest in the income of a trust funded with separate property. Begins with a historical summary of the relevant aspects of the law of marital property and trusts, and explains certain unique features of Texas law. Part III discusses the evolution of three general approaches to such characterization under the current case law, and Part IV details how different circumstances might affect this characterization under each of these approaches. Concludes with a discussion of two coherent and workable approaches, each of which seeks to strike a balance between these two different areas of property law.