Category Archives: Estate Planning

Case Highlights Requirements for Handwritten Will

Posted on by

A recent case from the Austin Court of Appeals, Wilson v. Franks, highlights the requirements for a handwritten (“holographic”) will to be valid in Texas. [Read Opinion here.] Background When Robert Franks died, his cousin, Susan Franks, asked the court to declare her and another cousin as Robert’s heirs and that he died without a will.  Valerie Wilson, who claimed to have a long-term, live-in relationship with Robert, objected and applied for the court to probate a handwritten document she claimed was a holographic will.  Susan objected to the… Read More →

November 1, 2024 Weekly Round Up

Posted on by

Welcome to November!  I am not sure how we’ve reached this point in the year, but here we are.  Let’s get caught up on the lasted agricultural law news.  * Texas sues federal government over listing freshwater mussels under Endangered Species Act.  The State of Texas has filed suit against the federal government challenging US Fish and Wildlife’s listing of several species of freshwater mussels as threatened or endangered under the Endangered Species Act.  Specifically, Texas alleges the federal government violated the Endangered Species Act, Administrative Procedures Act,… Read More →

August 23, 2024 Weekly Round Up

Posted on by

Welcome back to another Weekly Round Up where we get you caught up on some of the biggest stories in ag law news around the country. *Federal court finds FTC ban on noncompete agreements unlawful, sets rule aside in nationwide order.  A federal judge in Texas held that the FTC’s recent rule prohibiting most noncompete agreements is unlawful.  The court held that the rule went beyond the FTC’s authority and was arbitrary and capricious.  The judge issued an order setting aside the rule on a nationwide basis.  This… Read More →

August 2, 2024 Weekly Round Up

Posted on by

It has been a fast and furious summer here, and we have fallen behind on our bi-weekly round ups.  We are here today to help get you caught up on the biggest ag law news around the country! *Court rules Massachusetts’ Question 3 is not preempted by Federal Meat Inspection Act.  A Massachusetts federal court recently ruled that Massachusetts’ Question 3, a ballot initiative banning the sale of pork that is not raised in accordance with certain practices, is not preempted by the Federal Meat Inspection Act as… Read More →

Do You Have a Flight Plan?

Posted on by

We recently published a new fact sheet asking the question, “Do you have a flight plan?” Taking time to gather documents and build a flight plan is an important, but often overlooked part, of an estate plan. To learn more, click here.  

Family Dispute Leads to Litigation Over Handwritten Will

Posted on by

This case, In the estate of Marilyn Frances Martinez, pits father against daughter in a dispute over whether language in a handwritten will is a valid devise of property under Texas law. Background Marilyn Martinez died of COVID in November 2020.  Less than 5 days later (117 hours, to be precise), her second husband, Raymond Martinez, died as well. She was survived by her son, Clifton, his daughter (her granddaughter) Desiray, and Desiray’s two siblings. After Marilyn’s death, Desiray, found a handwritten document among her belongings.  The first page… Read More →

March 1, 2024 Weekly Round Up

Posted on by

It has certainly been a challenging week here in the Texas Panhandle.  Thank you to everyone who checked on me and my family.  Things got pretty intense for us on Tuesday as an evacuation order was issued.  We were able to get our cattle out of the pasture closest to the fire.  The fire missed our property, but so many others were not as fortunate.   The fires continue to burn. Many of you have asked how you can help.  Here is information on the Texas A&M AgriLife Extension… Read More →

February 16, 2024 Weekly Round Up

Posted on by

There has been no shortage of agricultural law news in the last two weeks!  Here are some of the biggest stories from around the country. *Court revokes over-the-top dicamba registration; EPA issues existing stocks order.  In a situation similar to what cotton and soybean growers faced in 2020, a federal court has revoked the FIFRA registration for three dicamba products, XtendiMax, Enginia, and Tavium.  [Read Order here.]  On Wednesday, the EPA issued an existing stocks order which will allow “existing stocks” that were in the United States and… Read More →

January 5, 2024 Weekly Round Up

Posted on by

Hello and Happy New Year!  We’re back with our first Ag Law Weekly Round Up of 2024.  Here are some of the biggest ag law stories in the news over the past few weeks. *State of Texas responds in Tofurkey lawsuit challenging meat labeling law.  You may recall our Thanksgiving blog post highlighted a lawsuit challenging Texas’ new labeling law requiring analogue, plant based, and cell-cultured meat to be labeled in the Lone Star State.  The State of Texas has now filed a Motion to Dismiss in that… Read More →

December 15, 2023 Weekly Round Up

Posted on by

Here we are with our final Weekly Round Up of the year.  Thank you so much for reading! *Defendants file counterclaims in show goat lawsuit.  One of our most popular posts of the year was discussing a lawsuit involving a show goat in California.  [Read post here.]  Recently, two defendants have filed a countersuit against the goat owners.  [Read Answer & Counterclaim here.  Specifically, the CEO and the Superintendent of the livestock show filed five counter claims.  Essentially, they allege that Jessica (the mother of the goat exhibitor)… Read More →