Family, Estates & Trusts

Family Law covers issues that can have a major impact on individual’s lives.  Family involves emotionally charged issues such as child custody battles, division of assets during a divorce as well as wills, and what happens when they are contested.  The National Law Review is a free resource and can provide information to individuals confronting these difficult issues, and is a great place to start gathering information. 

Divorce, Child Custody & Adoption

The dissolution of a marriage is an emotionally charged legal situation, with a variety of factors that must be considered based on each individual’s situation, the laws of the states involved, and the circumstances of the dissolution.  Additionally, the presence (or lack thereof) of a prenuptial agreement has a significant impact on the proceedings, as well as the attitudes of the parties exiting the marriage.  Division of a variety of assets must be considered before a divorce is final; including assets like Trusts, 401Ks, and Military Pensions.  The National Law Review provides overviews of the process and can give readers an idea of what to expect throughout the divorce process.  The attorneys who write for the National Law Review are experts who regularly provide legal analysis of a variety of scenarios that can impact divorce proceedings.

If children are involved in a divorce, the situation can become much more complicated.  With that in mind, the National Law Review has expert analysis on child custody situations and scenarios, as well as information on how parents can approach these issues with their children’s best interests in mind.  With the high stakes in these legal proceedings, the National Law Review’s legal experts and writers have considered a variety of scenarios and can provide insight into what to expect for some of these situations. 

Additionally, legal issues related to adoption are also covered on the site; especially as it relates to discrimination against same-sex in adoption proceedings by agencies as state laws change.

Estate Planning and Wills

The National Law Review also covers issues related to estate plans and wills. The Tax Cuts and Jobs Act of 2017 and IRS policy changes, updates to estate planning strategies and trust administration is available on the site.  Additionally, visitors can also find information about gift/estate taxes and analysis of the changes brought by the Tax Cuts and Jobs Act. Additionally, unusual legal situations like challenging a previously concealed will and other situations that require thoughtful planning, such as estate planning for beneficiaries with special needs, are addressed by legal experts on the National Law Review’s site.

Personal Injury 

Personal injury news is also covered in the National Law Review.  Topics including wrongful death, birth injuries, e-cigarette injuries, abuse in a nursing home setting, hospital injuries, slip and fall cases, and traumatic brain injuries (TBI), among others.  The legal experts who write for the National Law Review have extensive experience in personal injury cases, holding individuals and corporations responsible for their negligent conduct, and provide expert analysis of a variety of situations for NLR readers.

National Law Review Trusts/Estate/Family Law TwitterFor hourly updates on the latest news about family custody & divorce laws, estate planning, and trust regulations and legislation, be sure to follow our Family Estate Planning Law X (formerly Twitter) feed, and sign up for complimentary e-news bulletins.

Recent Family, Divorce, Inheritance, Estate & Trust Law News

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Jan
31
2020
 Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The Presumption Of Unfairness Winstead
May
31
2020
 Court Affirmed A Trial Court’s Holdings On The Removal Of A Trustee, The Trustee’s Discretion To Construe A Trust, A Trustee’s Advice Of Counsel And In Terrorem Defenses, And The Termination Of A Trust Winstead
Sep
30
2020
 Court Affirmed Summary Judgment For Successor Trustees Due To A Clause Stating That They Had No Duty To Investigate Former Trustee’s Actions Winstead
Mar
4
2022
 Court Holds That Trust Was Not Ambiguous and Provided the Trustee Discretion in Making Income Distributions Winstead
Jun
21
2022
 Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For Constitutional Review Winstead
Oct
3
2022
 Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity Winstead
Sep
6
2023
 Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee Winstead
Apr
22
2020
 Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries Winstead
Aug
14
2020
 A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim Winstead
May
10
2021
 Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law Winstead
Jun
16
2021
 Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims Winstead
Oct
22
2021
 Court Reverses Receivership In Trust Dispute Where It Failed To Require The Applicant To Post A Bond Winstead
Apr
13
2022
 Court Held That A Beneficiary’s Claims Against The Estate Of The Trustee Was Not Barred By Limitations Winstead
Jan
17
2023
 Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A Beneficiary Designation Winstead
Aug
15
2023
 Court Of Appeals Affirmed Findings of Breach of Fiduciary Duty Against Wife in Divorce Proceeding Winstead
Sep
11
2023
 Court Holds That an Order Was Not Final for Appeal Where There Was Still an Issue of Intestancy Remaining to Be Determined Winstead
May
13
2020
 Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition Winstead
Oct
20
2020
 Potential Estate Planning Implications of 2020 Election Results Winstead
Oct
22
2021
 Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife Winstead
Aug
6
2022
 Court Construed a Will to Provide That Mineral Interests Were Devised to the Surviving Daughter’s Family and to Cut Out a Predeceased Daughter’s Family Winstead
Aug
15
2023
 Court Affirmed Temporary Injunction Precluding a Surviving Spouse from Acting as Trustee of a Trust Winstead
Dec
1
2023
 Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties Winstead
May
13
2020
 Magistrate Suggests Dismissing A Settlor’s Claim Against Trust Protector Because Of A Lack Of Fiduciary Duty 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
Aug
6
2022
 Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations Winstead
May
15
2023
 Court Discusses Holding An Executor In Contempt For Commingling Property Winstead
Dec
1
2023
 Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes Irrevocable Winstead
Mar
19
2024
 Federal Court Dismisses Trust Dispute Due to There Not Being a Justiciable Controversy Winstead
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