Estates & Trusts

The TCJA (Tax Cuts Job Act) which was passed in 2017 greatly impacted tax law, and general estates and trusts for individuals which plan on devising property, money, or other possessions to loved ones. Estate planning and devising a trust are areas of the law which are highly regulated by regulatory law, tax law, and family law. Visitors to the National Law Review will learn about the latest developments in tax law, family law, and estate and trust law, and how these fields come together, as well as reading legal analysis on devising a legal trust, will, or estate plan.

The transfer of assets in anticipation of death has been greatly impacted by the new tax laws, allowing the trustor to redistribute assets and property, without major tax implications for themselves, or the receiving party. Visitors will learn about these developments, and other relevant news and stories relating to estate planning, probate planning, and litigation in this area of law. Additionally, the National Law Review features articles on how family businesses can create a succession plan and otherwise plan for the future, as well as information on specialized circumstances like creating a will or a trust for a family member with special needs.

Hot issues including will contests, business succession planning, creating a charitable trust, durable powers of attorney, creating revocable and irrevocable trusts, generation-skipping transfer tax (GST), estate taxes, and the distribution of trust assets, are among the many stories covered for visitors on the National Law Review. Further, details about gift taxes, federal taxes, and other taxes which may arise under the American Taxpayer Relief Act, are also covered by the National Law Review. Any IRS details and areas of estate planning and probate which might be covered under the Internal Revenue Code (IRC), are also topics visitors can read about on the website.

For 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 Twitter feed, and sign up for complimentary e-news bulletins.

Custom text Title Organization
Jul
12
2023
 Aretha Franklin’s Handwritten Will Found in Couch a Valid Document, According to Jury Strassburger McKenna Gutnick & Gefsky
Feb
13
2020
 Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will 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
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
Sep
22
2020
 Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction Winstead
Nov
19
2020
 Court Addresses Claims Against A Trustee Arising From The Management Of A Limited Partnership Interest Winstead
Jan
27
2021
 Court Holds That Allegations Related To A Trustee’s Filing Of Suit Did Fall Under The Protection Of The Texas Citizens Participation Act, That A Trustee’s Actions To Modify Administrative Terms Did Not Trigger An In Terrorem Clause, But That Other Actions Winstead
Aug
27
2021
 Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights Winstead
Mar
13
2022
 Texas Court Rejects Trustee’s Objection to Personal Jurisdiction 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
May
1
2023
 Court Reversed the Appointment of a Successor Independent Administrator of an Estate Winstead
Mar
12
2020
 Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank Accounts Winstead
Mar
31
2020
 Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard Winstead
Jul
3
2020
 Court Holds That Decedent’s Residence Was Homestead That Was Exempt From Claims Against Her Estate Winstead
Oct
20
2020
 Potential Estate Planning Implications of 2020 Election Results Winstead
Apr
17
2020
 Texas Courts Conflict On Whether Contingent Remainder Beneficiaries Have Standing To Assert Claims Regarding Trust Administration Winstead
Jun
4
2020
 Texas Supreme Court Holds That There Was No Trust Protecting Church Assets And A Withdrawing Faction Was Entitled To Those Assets Winstead
Jul
3
2020
 What Did He Say? A Court Reverses A Statutory Probate Court’s Order Because There Was No Record 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
Jan
14
2021
 Court Holds That Holographic Will Was Not Valid As There Was No Signature Winstead
Oct
22
2021
 Court Reverses Receivership In Trust Dispute Where It Failed To Require The Applicant To Post A Bond 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
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
Mar
10
2023
 Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property 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
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
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
Mar
19
2024
 Federal Court Dismisses Trust Dispute Due to There Not Being a Justiciable Controversy Winstead
Oct
22
2021
 Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife Winstead
May
16
2022
 Texas Passes A New Law To Punish Elder Financial Abuse Winstead
Oct
17
2022
 Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document 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
Apr
22
2020
 Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries Winstead
Jul
26
2020
 Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility Winstead
Oct
23
2020
 Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of Co-Executors Was Appropriate Winstead
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