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

Title
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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
Dec
7
2020
 Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty Winstead
Jun
9
2021
 Court Reversed Temporary Injunction Against Co-Trustees 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
May
15
2022
 Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed Contingent Beneficiary Can Have Standing To Sue Winstead
Nov
15
2022
 Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary Winstead
Mar
1
2023
 Appellate Court Affirmed An Order Denying A Beneficiary’s Request For Injunctive Relief To Require A Trustee To Reimburse The Trust For Attorney’s Fees Spent Defending Breach Of Fiduciary Duty Claims Winstead
Mar
27
2023
 Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims And Discusses the “Full Knowledge” Requirement For Enforcing Releases In Fiduciary Relationships 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
Jun
1
2023
 Court Affirmed a Judgment That a Will Was Invalid Due to Mental Incapacity Winstead
Mar
31
2020
 Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard Winstead
Jun
14
2020
 Texas Court Held A Claim For An Heirship Proceeding Was Barred By Limitations Even Though A New Statute Provides For No Limitations For Heirship Proceedings Winstead
Jan
18
2021
 Court Affirmed An Order Modifying A Trust Where The Complaining Beneficiaries Were Not Affected By The Modification, Where The Modification Was Not Contrary To The Purpose Of The Trust, And Where The Beneficiaries Waived Their Right To A Jury Trial Winstead
Mar
16
2021
 New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary Winstead
Apr
11
2021
 Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse Winstead
May
16
2022
 Texas Passes A New Law To Punish Elder Financial Abuse Winstead
Jun
21
2022
 Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner Winstead
Oct
3
2022
 Appellate Court Denies Mandamus Regarding A Trial Court’s Initial Disclosure Order In An Estate Case Winstead
Oct
10
2023
 Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief Winstead
Dec
19
2023
 Texas Supreme Court To Review Joinder Issue In A Trust Dispute Winstead
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
Dec
19
2023
 Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated? Winstead
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