Category Archives: Estate Planning

May 5, 2023 Weekly Round Up

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Happy Cinco de Mayo!  We’re back with another ag law round up of news and articles from around the country. We’ve also got a photo of our newest addition born just yesterday from our place here in Texas. *Texas Supreme Court sides with royalty owner in post-production cost case.  The Texas Supreme Court recently sided with royalty owners in Devon v. Sheppard, a case challenging post production costs in the Eagle Ford Shale.  [Read Opinion here and Dissenting Opinion here.]  To read a good summary of the decision, click… Read More →

April 21, 2023 Weekly Round Up

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Here are a few of the ag law stories in the news the past couple of weeks. *North Dakota court issues injunction against Biden WOTUS rule in 24 states.  The judge hearing a WOTUS lawsuit filed by 24 states in North Dakota issued an injunction against the rule in each of those states.  [Read article here.]  In addition to the 24 states impacted by this injunction, remember that a Texas judge previously issued an injunction prohibiting the rule from going into effect in Texas and Idaho.  [Read article… Read More →

March 24, 2023 Weekly Round Up

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Hello from Ft. Worth!  We’re excited to be at the Texas & Southwestern Cattle Raisers Convention this weekend.  If you’re here in Cowtown, be sure to say hi! Here are a number of ag law stories in the news over the past couple of weeks. *Numerous challenges filed against Biden WOTUS definition.  Brigit Rollins at the National Agricultural Law Center recently published a great article outlining the legal challenges currently filed against the Biden WOTUS definition.  [Read article here.]  Since this article, a federal judge here in Texas… Read More →

March 10, 2023 Weekly Round Up

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Once again, it has been a busy couple of weeks on the agricultural law front.  Here are some of the key ag law stories in the news. *US Supreme Court will not hear New Mexico stream access case.  The United States Supreme Court has denied a Petition for Certiorari in  Chama Troutstalkers, LLC v. Adobe Whitewater Club of New Mexico.  You may recall from this prior blog post that the New Mexico Supreme Court held laws allowing landowners to close portions of streams on private property were unconstitutional.  This… Read More →

February 24, 2023 Weekly Round Up

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We’ve reached the last Friday in February.  Here are some of the biggest stories in the news this week. *San Antonio Court of Appeals dismisses PETA lawsuit for lack of standing.  A recent San Antonio Court of Appeals decision in PETA v. Bandera Wranglers dismissed PETA’s challenge to a hog catching contest in Bandera, Texas.  Specifically, the court found that Texas did not recognize organizational standing and that the individual member who was also named as a plaintiff also failed to show standing as she offered only hypothetical concerns… Read More →

December 16, 2022 Weekly Round Up

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We are here with our final round up of 2022.  It has been a busy year.  If you missed our National Year in Review blog post, click here. If you prefer audio, you can check out my podcast episode with Paul Goeringer here.  Be sure to check back on Monday for our Texas Year in Review post as well. Here are a few of the ag law stories in the news. Oral argument held in dicamba case before D.C. Court of Appeals.  Oral argument was held this week in… Read More →

IRS Announces 2023 Estate & Gift Tax Exemption Amounts

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Recently, the IRS announced the 2023 estate and gift tax exemption amounts.  These amounts change slightly each year, and are an important consideration in a person’s estate planning process. As we have previously discussed the IRS sets a certain amount that a person is allowed to give during their lifetime or at death without estate or gift tax liability.  [Read prior blog posts here and here.]  The IRS adjusts the amount each year.  For 2023, the exemption amount will be $12.92 million per person, up from $12.06 million… Read More →

November 11, 2022 Weekly Round Up

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Happy Veteran’s Day, and thank you to all who have served. We’re back again with a number of developments in the agricultural law world over the past few weeks. *PRF Deadline December 1.  Don’t forget that the deadline to sign up for Pasture, Range & Forage insurance (commonly referred to as “rainfall insurance”) is coming up on December 1.  To read more about this insurance option, click here.  For a detailed discussion of PRF and the decisions a landowner must make during sign up, click here for a… Read More →

What Happens When You Are Late Probating a Will?

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When a widow was told by an attorney she did not need to probate her husband’s will, but learned 11 years later she should have done so, what happens?  This was the issue facing the Austin Court of Appeals in Castillo v. Castillo-Wall.  [Read Opinion here.] Applicable Law Section 256.003(a) of the Texas Estates Code provides:  “A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is show by proof that the applicant for the probate of the will was not… Read More →

October 14, 2022 Weekly Round Up

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Happy Friday!  It has been a busy couple of weeks in the ag law world. *US Supreme Court hears oral argument in two key cases.  The US Supreme Court heard oral argument in two key ag-related cases.  First, on October 3, 2022, the Justices heard argument in Sackett v. EPA, a case looking at the proper test for determining whether a wetland is considered a “water of the United States” under the Clean Water Act.  [Read more here.]  To listen to the recording of this argument or read the… Read More →