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 |
Using Google and Other Alternative Sources for Traditional Software and Services | Glenn M. Karisch, The Karisch Law Firm, PLLC | Tips for solo practitioners and small firms considering moving to the cloud. | HTML |
Estate Tax Chaos Presents Opportunities, Problems | Glenn M. Karisch, The Karisch Law Firm, PLLC | Discussion of the mess created by Congress when it failed to extend the estate tax for persons dying on or after January 1, 2010 | HTML |
Disclaimers: Using Your Rearview Mirror to Plan |
Kristi N. Elsom, Fizer, Beck, Webster, Bentley & Scroggins | Disclaimer basics, plus an analysis of recent decisions and private letter rulings regarding use of disclaimers | |
Use of Disclaimers in Pre- and Post-Death Planning | Glenn M. Karisch, The Karisch Law Firm, PLLC | Slideshow of presentation about the practical use of disclaimers | |
Estate Planning for Dysfunctional Families | Glenn M. Karisch, The Karisch Law Firm, PLLC | Defensive planning techniques for the world in which we live | |
2009 Legislative Update | William D. Pargaman, Brown McCarroll | Summary of 2009 legislation affecting estate planning, probate, guardianship and trust law, including text of most changes | |
2009 Legislative Update | Glenn M. Karisch, The Karisch Law Firm, PLLC | Summary of 2009 legislation affecting estate planning, probate, guardianship and trust law | Paper Slides |
Useful Links | Glenn M. Karisch, The Karisch Law Firm, PLLC | Links discussed during technology presentation at the 2008 Advanced Estate Planning and Probate Law Course | |
Multi-Party Accounts and Other Non-Probate Assets in Texas | Glenn M. Karisch, The Karisch Law Firm, PLLC | Analysis of Texas laws governing multi-party accounts, including right of survivorship issues, as well as other assets that do not pass under a decedent's will -- updated 2008 |
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Court-Created Trusts in Texas | Glenn M. Karisch, The Karisch Law Firm, PLLC | History, analysis and how-to guide to court-created trusts in Texas, including equitable trusts, Section 867 Trusts and Chapter 142 Trusts -- updated 2008 |
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Protecting the Surviving Spouse . . . and Protecting Yourself After Belt v.Oppenheimer | Glenn M. Karisch, The Karisch Law Firm, PLLC | Estate planning strategies that protect the surviving spouse in bypass trust situations, as well as discussion of ethical issues surrounding representing both the husband and wife in estate planning situations -- updated 2008 |
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Modifying and Terminating Irrevocable Trusts | Glenn M. Karisch, The Karisch Law Firm, PLLC | Techniques for reforming, modifying or terminating irrevocable trusts, including analysis of 2005 changes to Tex. Trust Code Sec. 112.054 that substantially liberalized trust modification in Texas -- updated 2008 |
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2007 Texas Legislative Update -- Short Version | Glenn M. Karisch, The Karisch Law Firm, PLLC | Summary of 2007 legislation affecting estate planning, probate, guardianship and trust law (does not include changed sections of the Probate and Trust Codes) | |
2007 Texas Legislative Update -- Long Version | Glenn M. Karisch, The Karisch Law Firm, PLLC | Summary of 2007 legislation affecting estate planning, probate, guardianship and trust law, including changed sections of the Probate and Trust Codes | |
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 | |
2005 Texas Legislative Update | Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas | Summary of the 2005 Texas Legislative session | |
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 |
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 |
Texas Legislative Update -- 2001 | Glenn M. Karisch, Barnes & Karisch, P. C., Austin, Texas | Summary of the 2001 Texas Legislative session |
WordPerfect |
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 |
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 |
The Texas Probate Web Site
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www.texasprobate.net |