Legal Articles and Papers

The following legal articles and papers currently are available on the Texas Probate Web Site in one or more of the following formats:  (1) HTML files for viewing on the World Wide Web, (2) WordPerfect files; (3) Microsoft Word files; (4) zipped (compressed) WordPerfect files; (5) zipped Word files; and (6) PDF (Adobe Acrobat) format.  No papers are available in all formats.  For information on downloading and unzipping files, click here.

Some of these materials are in pdf file format.  To view these files, you need to have Adobe Acrobat Reader installed on your computer.  To get a free copy of Adobe Acrobat Reader online, click here.

 

Article Author Description Formats
Court-Created Trusts in Texas

Revised to Include Amendments Made Through 80th Texas Legislature (2007)

Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Court-created trusts in Texas, including Tex. Prop. Code Sec. 142.005 Trusts, Tex. Prob. Code Ann. Sec. 867 Trusts, and 42 U.S.C.A. Sec. 1396(d)(4)(a) Medicaid "Supplemental Needs" Trusts PDF
2007 Texas Legislative Update Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Summary of the 2007 Texas Legislative session PDF
UPIA and Diversification:  Bringing Existing Trusts into Compliance with the New Law Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas An analysis of the problems that the duty to diversify investments in the new Uniform Prudent Investor Act presents to the trustees of existing trusts PDF
2005 Texas Legislative Update Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Summary of the 2005 Texas Legislative session PDF
 2003 Legislative Update Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Summary of the 2003 Texas Legislative session HTML
WordPerfect

PDF (PDF includes extra materials -- sort of the DVD version, I guess)
 The Two UPIAs -- How They Will Change the World Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Discussion of the versions of the Uniform Prudent Investor Act and the Uniform Principal and Income Act enacted in Texas, which become effective January 1, 2004. WordPerfect
PDF
The Role of the Ad Litem in Heirship Proceedings Under Sec. 53(c) of the Texas Probate Code Judge Steve M. King, Tarrant County Probate Court No. 1 Effective September 1, 2001, an attorney ad litem is mandatory in all heirship proceedings.  Judge King offers this assistance to ad litems to adequately represent their clients. HTML
Word
 How the 2001 Changes to Estate and Gift Taxation Affect You Barnes & Karisch, P. C. Overview of the R.E.L.I.E.F. Act of 2001 (as it relates to estate and gift taxation), from a layman's perspective HTML
WordPerfect
PDF
Texas Legislative Update -- 2001 Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Summary of the 2001 Texas Legislative session WordPerfect
PDF
 Multi-Party Accounts in Texas Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas An examination of the statutes and cases affecting joint tenancy with right of survivorship and other multiple-party accounts in Texas.   (This is a very large WordPerfect file because it contains images of bank signature cards.)
 

 Click here to get an updated version of the paper in pdf format (10/2/03).

HTML
WordPerfect
Zipped WP
Texas Legislative Update -- 1999 Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Summary of the 1999 Texas Legislative session, including description of bills that passed, new forms, etc. HTML
WordPerfect
Zipped WP
Disability Benefits in the Estate Plan:  Passing the Means Test H. Clyde Farrell, Austin, Texas An overview of the most significant public benefits for persons with disabilities, intended to assist attorneys and other benefits counselors to identify the major benefits to which disabled clients may be entitled WordPerfect
MS Word
Zipped
Protecting the Surviving Spouse Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Planning techniques to protect the surviving spouse from fiduciary claims and other claims WordPerfect
Zipped WP
PDF
Modifying and Terminating Irrevocable Trusts Glenn M. Karisch and John R. Ott, Barnes & Karisch, P. C., Austin, Texas Analysis of tax and nontax issues affecting terminating or modifying trusts. WordPerfect
Zipped WP
PDF
Legal Research on the Internet Joseph G. Hodges, Jr., Denver, Colorado, and Glenn M. Karisch, Austin, Texas Article with many internet links presented to 1999 ACTEC Annual Meeting HTML
WordPerfect
Zipped WP
Roth IRAs, Including Technical Corrections in the IRS Restructuring and Reform Act of 1998 Noel C. Ice, Cantey & Hanger, Fort Worth, Texas An early version of Noel's Roth IRA analysis.   For a more current version, go to Noel's web site. HTML
Using the Internet in an Estate Planning Practice Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Lots of links.  An earlier version of the Hodges/Karisch paper (see above) with Texas emphasis and with web marketing information. HTML
WordPerfect
Zipped WP
Special Trusts:  867, 142, 1396 SupplementalNeeds Trusts, When and How to Use Them Deborah A. Green, Green Benouis & McCullar, L. L. P., Austin, Texas Using supplemental needs trusts to qualify the beneficiary to receive government benefits WordPerfect
Zipped WP

Sleeping With The Enemy:  How to Sleep at Night While Making a Living With an Estate Planning Practice

Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas The ethical issues arising in representing both spouses in estate planning matters HTML
WordPerfect
Zipped WP
Court Created Section 867 Trusts Kathleen Ford Bay, Hilgers & Watkins, P. C., Austin, Texas Analysis of trusts created pursuant to Section 867 of the Texas Probate Code WordPerfect
Zipped WP
Are the Winds of Change Blowing for Texas Probate Courts? Or . . . 5B, Or Not 5B, That is the Question Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas Analysis of pre-1999 caselaw and legislative developments affecting probate court jurisdiction and transfer power which led to 1999 legislative changes HTML
WordPerfect
Zipped WP
1997 Texas Legislative Update Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas A summary of 1997 Texas legislative changes affecting probate, estate planning and trust law HTML
WordPerfect
Zipped WP
Transfers of Community Property in Qualified Plans and IRAs Noel C. Ice, Cantey & Hanger, Fort Worth, Texas The effects of Boggs v. Boggs on community property interests in qualified plans and IRAs HTML
WordPerfect
Zipped WP
A Preliminary Analysis of Boggs V. Boggs -- And The Problems it Does Not Answer Alvin J. Golden, Ikard & Golden, P. C., Austin, Texas Analysis of the U. S. Supreme Court's Boggs v. Boggs decision (federal preemption of community property laws for ERISA plans) HTML
WordPerfect
Zipped WP
It's Deja Vu All over Again: Recent Developments in Marital Deduction Planning Alvin J. Golden, Ikard & Golden, P. C., Austin, Texas Discussion of the latest issues affecting QTIPs and other marital deduction issues HTML
Planning for Distributions from Qualified Plans and IRAs Alvin J. Golden, Ikard & Golden, P. C., Austin, Texas Analysis of the complex issues involved in completing beneficiary designations and making elections regarding qualified plans and IRAs HTML
Trust Litigation -- Suing and Defending a Trustee for Breach of Fiduciary Duty Frank N. Ikard, Jr., Ikard & Golden, P. C., Austin, Texas Fiduciary litigation from both the plaintiff's and defendant's perspective HTML
Texas Probate Jurisdiction Frank N. Ikard, Jr., Ikard & Golden, P. C., Austin, Texas The jurisdiction of the various courts in Texas which hear probate matters HTML
Top Ten Trust Tricks Jerry Frank Jones, Of Counsel, Ikard & Golden, P. C., Austin, Texas Common uses for trusts in estate planning HTML
The Whole Story in 3 Deep Breaths, or Estate and Probate Jerry Frank Jones, Of Counsel, Ikard & Golden, P. C., Austin, Texas The basics of estate planning and probate HTML
Wills, Probate and Trusts Jerry Frank Jones, Of Counsel, Ikard & Golden, P. C., Austin, Texas The basics of estate planning and probate HTML

 

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