The Texas Mess: Marital Property Characterization of Trust Income
Baker, Steven D.
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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.
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