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
PDF
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 PDF
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 PDF
Estate Planning for Dysfunctional Families Glenn M. Karisch, The Karisch Law Firm, PLLC Defensive planning techniques for the world in which we live PDF
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 PDF
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 PDF
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
PDF
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
PDF
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
PDF
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
PDF
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) PDF
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 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
 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
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

 

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