Texas

The state of Texas is the second largest in the US by area, and population. With nearly 270,000 sq.miles in area, and over 28 million residents living in the state, the south-central state shares borders with Louisiana, Arkansas, New Mexico, and Oklahoma. It is also bordered by Mexican states and the Gulf of Mexico. Houston is the state’s most populous city and 4th most populous city in the country. It was admitted as the 28th state into the union on December 29, 1845.

Texas’ economy was driven by four-prominent industries prior to WWII including cattling, timber, oil, and cotton. The discovery of oil deposits in the state led to the economic boom and was the main driving force in the state throughout the 20th century. Since 2002 Texas has been the leading state in the US in exports, and maintains the second highest GDP in the nation. Today the state is a leading producer in oil, is one of the leading states in government jobs in the tech industry, and has one of the largest economies throughout the US and worldwide.

The government of Texas was set up by the Texas Constitution, and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.  The Dillon Rule is  a legal principle that local governments have limited authority, and can pass ordinances only in areas where they have been granted authority by the larger state government.  The executive branch of the Texas state government includes the Governor, Lieutenant Governor, Comptroller of Public Accounts, Land Commissioner, Attorney General, Agriculture Commissioner, the three-member Texas Railroad Commission, the State Board of Education, and the Secretary of State.   The system in Texas limits the power of the Governor, as each executive branch member (with the exception of the Secretary of State) are elected independently.

Much like the federal government, the legislature of Texas has two houses-the Texas House of Representatives and the Senate.  Again, like the federal government, the Speaker of the House leads the House of Representatives, and the Lieutenant Governor leads the Senate. 

Texas boasts one of the most complicated judicial systems in the country.  The system is described in Article 5 of the Texas Constitution and is further defined by statute, in particular the Texas Government Code and the Texas Probate Code.  The system is complicated by multiple levels and overlapping jurisdictions, with different courts often sharing courthouses.  The court levels are: The Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Probate Courts, Constitutional County Courts, Statutory County Courts at Law, Municipal Courts and the Justice of the Peace Courts.

The National Law Review covers several stories from the state of Texas and the 5th Circuit Court of Appeals. Cases and stories related to telemedicine and healthcare in the state, data and cybersecurity laws, labor and employment laws, paid sick leave, insurance law, bankruptcy and tax cases, are among the different areas of law visitors will find, as they relate to Texas, on the National Law Review site.

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Aug
24
2020
Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court Winstead
Nov
2
2020
Court Reverses Receivership Order In Partnership Dispute Because The Probate Court Did Not Have Jurisdiction To Enter A Rehabilitative Receivership Winstead
Nov
25
2020
Court Affirmed Finding That An Applicant Was Not Equitably Adopted Where There Was No Evidence Of An Agreement To Adopt The Applicant Winstead
Dec
18
2020
Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did Not Pertain To The Trust Winstead
Aug
27
2021
Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights Winstead
Jan
2
2022
Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee Winstead
Apr
29
2022
Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging All Potential Grounds Upon Which The Order Was Based Winstead
Jun
14
2022
Court Affirmed Order Denying A Family Allowance Winstead
May
5
2023
Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not Impact Trust And Estate Disputes Winstead
Dec
12
2023
Texas Court Approves Accounting In An Estate Dispute Winstead
Jan
24
2024
Reminder to Employers Regarding Mandatory Workplace Posters Winstead
Mar
31
2020
Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard Winstead
Dec
21
2020
BBVA Receives Holiday Gift From Dallas Appellate Court: The Decision Includes Guidance for Private Company Owners Winstead
Feb
14
2021
Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous Winstead
Jun
16
2021
Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims Winstead
Jul
29
2021
Business Divorce: Court Affirms Jury Finding That A Manager Did Not Breach Her Fiduciary Duties Winstead
Sep
23
2021
Corporate Trustee’s Statements May Suffice For A Statutory Accounting Winstead
Apr
5
2022
Texas Court Held That Wife’s Trust Funds Were Her Separate Property And Was Not Converted To Community Property Despite Being Transferred To A New Trust Winstead
Apr
29
2022
Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client Winstead
Jun
14
2022
Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed Expert Testimony Issues Winstead
Oct
30
2022
Texas Supreme Court Justice Authors Opinion Arguing That Claim Regarding Contingent Remainder Beneficiary Status Was Ripe Winstead
Jun
28
2023
Texas Supreme Court Holds That Law Firm Could Not Redeem A Departing Partner’s Shares For No Value Under The Parties’ Shareholder Agreement Winstead
Dec
19
2023
Texas Supreme Court To Review Joinder Issue In A Trust Dispute Winstead
Jan
29
2024
Court Reverses Summary Judgments on the Alleged Exercise of a Power of Appointment, Disclaimer, And the Statute of Limitations Winstead
Feb
3
2020
Business Owners Take Note as Enterprise Completes Its Mission: Supreme Court Holds No Common Law Partnership Was Formed with ETP Winstead
Apr
17
2020
Notary Services In A World of Social Distancing: Texas Temporarily Allows For Videoconference Notarization In Addition To Online Notary Services Winstead
Jul
26
2020
Old College Friends Do Not Generally Owe Fiduciary Duties To Each Other Winstead
Apr
18
2021
Insurance Broker Does Not Ordinarily Owe Fiduciary Duties To A Client Winstead
Jun
16
2021
Business Divorce: Exiting Member of LLC May Still Owe Fiduciary Duties Winstead
Sep
27
2021
Court Holds That Shareholder Derivative Suit May Proceed Against An Officer Without A Pre-Suit Demand Where The Case Involved A Closely-Held Corporation Winstead
Nov
19
2021
Court’s Order Ending Family Allowance To Decedent’s Wife Was Reversed Due To A Lack Of Notice To The Wife Winstead
Apr
5
2022
Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical Witness And From An Anesthesiologist Winstead
Mar
20
2023
Court Affirmed The Decision To Not Probate A Copy Of A Lost Will Winstead
Dec
19
2023
Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated? Winstead
Mar
18
2020
In A Venue Dispute, Court Held That A Personal Injury Claim Against An Estate Representative Could Be Filed In The County Where The Estate Was Pending Winstead
 

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