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The Texas Bank Lawyer (archives)
The Texas Bank Lawyer (access to this collection is restricted to the TTU community. Login with eRaider to access publication archives)
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Was it Wise to Try to Implement Trust Law Reforms Through the Uniform Prudent Management of Institutional Funds Act?
(Estate Planning and Community Property Law Journal, 2021)This Article focuses on two topics that are tangential to UPMIFA’s primary focus on the management and investment of endowment funds and have received little attention: (1) how UPMIFA should apply to institutional funds ... -
U.S. – Mexico Cross-Border Estate Planning: Planning Techniques from a U.S. and Mexican Perspective
(Estate Planning and Community Property Law Journal, 2021)The border between the United States (U.S.) and Mexico is more than 1,900 miles long. Texas and Mexico share 1,251 miles of that border. The two countries share more than just a line on a map; the people of Mexico and the ... -
Unanswered Questions in Wills and Trusts (And how to try and Answer Them)
(Estate Planning and Community Property Law Journal, 2021)The genesis of this Article was to present a set of questions about estate and trust law for which there are no perfect answers under Texas law at present. As is often the case in these projects, the focus evolved a little ... -
Sucking Success Out of Minor Social Media Influencers: A Call for Testamentary Capacity Rights in Texas
(Estate Planning and Community Property Law Journal, 2021)Part II of this Comment dives into the historical background of the evolving testamentary capacity age by examining societal shifts. This portion highlights that the testamentary capacity age has historically adapted to ... -
Mitigating the Lack of Wills One Brochure at a Time
(Estate Planning and Community Property Law Journal, 2021)To mitigate the issue of individuals not making a will, a prompting system should be added to the driver’s license renewal process, informing people about estate planning—wills in particular—and providing brochures discussing ... -
Just a Will Won’t Cut It: Planning for the Transfer of Non-Probate Assets at Death
(Estate Planning and Community Property Law Journal, 2021)This Article is not intended to address every issue associated with the coordination of non-probate assets with the rest of the estate plan. In particular, the nuances of the income tax and distribution considerations ... -
First Comes Love, Then Comes Marriage: Cohabitation as a Framework for Conflicts Between Community Property and Common Law Marriage
(Estate Planning and Community Property Law Journal, 2021)Part I of this comment will begin to address key concepts in Texas law, including separate property, community property, the homestead, and how marriage is organized. Part II will present a hypothetical fact situation that ... -
Saving the Little Guy: Estate and Inheritance Taxation on Generational Farmers and Ranchers
(Estate Planning and Community Property Law Journal, 2021)This comment will explore the current and future legal issues arising from estate and inheritance taxes on generational farmers and ranchers. Initially this comment will explain how estate and inheritance taxes are calculated ... -
Keeping Up with the Joneses: A Fresh Perspective on Tax-Affecting
(Estate Planning and Community Property Law Journal, 2021)This article examines Estate of Jones v. Commissioner, provides a brief historical context of the opinions that consider tax-affecting in prior Tax Court and Federal Circuit Court opinions, reviews current trends in ... -
Implications of Termination of Grantor Trust Status
(Estate Planning and Community Property Law Journal, 2021)This article is not intended to be comprehensive with respect to grantor trusts. There are a multitude of articles and treatises that have been published for that purpose. Instead, it is meant to serve as a resource to ... -
Extending Abatement to Non-Probate Succession
(Estate Planning and Community Property Law Journal, 2021)Of necessity, the estate planner will have to educate and discuss the abatement issue with the client. The question of who gets assets when there is not enough to go around must be raised. Finding out the client’s wishes ... -
Don’t You Know That Your Law is Toxic? Britney Spears and Abusive Guardianship: A Revisionary Approach to the Uniform Probate Code, California Probate Code, and Texas Estates Code to Ensure Equitable Outcomes
(Estate Planning and Community Property Law Journal, 2021)This Comment examines what laws, if any, are in place to protect wards from abuse. Next, this Comment examines the Uniform Probate Code and varying state laws for procedural safeguards and opportunities to challenge ... -
Dividing the Intangible: An Examination of Community Property in a World of Contingent Revenue
(Estate Planning and Community Property Law Journal, 2021)This Comment starts with an introduction in Part I. Part II of this Comment follows the history, policies, and principles governing community property systems, and explores how community property states, especially Texas, ... -
The Dilemma of an Aging Population: Evaluating the Treatment of Insane Testators in the Modern Probate Process
(Estate Planning and Community Property Law Journal, 2021)First, the analysis explores the current state of judicial treatment of insane testators in probate and the potential for admitting extrinsic evidence in will contests to improve the protection of testators and beneficiaries. ... -
A Piece of You and I: Posthumous Conception and Its Implications on Texas Estates Law
(Estate Planning and Community Property Law Journal, 2021)This Comment will discuss whether children conceived posthumously are considered beneficiaries of a deceased parent’s estate under the current Texas Estates Code. Part II provides a background of assisted reproductive ... -
Whose Life is it Anyway: An Analysis and Proposal for the Texas Property Code When Everyone Acts Like a Celebrity and Everything is and Advertisement
(Estate Planning and Community Property Law Journal, 2020)There are a variety of justifications for protecting individual rights to privacy and publicity. This comment focuses on those justifications—incentive, economic, natural right to one’s identity, et cetera—with regard to ... -
Uniform Partition of Heirs’ Property Act: Partition with an Acetate Overlay
(Estate Planning and Community Property Law Journal, 2020)Part I provides a brief introduction to the topic and Part II of this article explores in greater detail the reasoning behind the creation of the UPHPA, including the historical context, and outlines briefly the solutions ... -
The Porridge of Disclosure to Beneficiaries Too Hot, Too Cold, or Just Right
(Estate Planning and Community Property Law Journal, 2020)The purpose of this paper is three-fold. First, the authors wish to provide the reader with a summary of all sources of Texas law which define and discuss a fiduciary’s duty to make a full and accurate disclosure. Secondly, ... -
Supported Decision-Making Agreements in Texas
(Estate Planning and Community Property Law Journal, 2020)This comment will explain how supported decision-making agreements function in practice and assess the extent that the method has been successful in Texas since the state adopted the technique as a statutory alternative ... -
Spousal Abuse Disqualification Statute: It’s Time to Protect Other Victims
(Estate Planning and Community Property Law Journal, 2020)This comment will first explore the history and prevalence of domestic and financial abuse. Next, it will explore the statutes that are in place to address this form of abuse and who is protected. The comment will then ...
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