Category Archives: Estate Planning

December 6, 2019 Weekly Round Up

Happy December!  It’s hard to believe we are already into the last month of the year.  I’ve presented in several locations recently, so welcome to all of you joining us from Val Verde County, Swisher County, and Goliad County. Here are a few of the top ag law stories in the news from the past couple of weeks. * Texas High Plains agriculture publications released.  Several of my colleagues were involved in drafting and publishing two new publications: The Impact of AgriBusiness in the High Plains Trade Area and… Read More →

Enhanced Life Estate Deeds (aka Lady Bird Deeds)

We recently discussed Transfer on Death Deeds in Texas.  If you missed that blog post, click here. Today, we will turn our attention to enhanced life estate deeds, also known as “Lady Bird Deeds.”  Unlike Transfer on Death Deeds, Lady Bird Deeds (“LBD”) are not a statutory creation, meaning there are no set statutory guidelines regarding these documents.  Instead, it is Texas case law that governs the interpretation of LBDs, and there are actually very few cases on this topic. What is a LBD?  A LBD is a deed… Read More →

Transfer on Death Deeds

In 2015, the Texas Legislature created statutory guidelines for “Transfer on Death Deeds” in Texas.   The “Texas Real Property Transfer on Death Act” provides the requirements for using a transfer on death deed (“TODD”) in Texas.  Importantly, these statutory requirements apply only to a deed executed on or after September 1, 2015 by a transferor who died on or after September 1, 2015.  Any deeds attempting to directly transfer real property at death prior to that date may be effective, but will not be governed by the provisions… Read More →

November 15, 2019 Weekly Round Up

Happy Friday!  I spent last week in Washington, DC for our American Agricultural Law Association Conference.  It was a great event and, to top it off, I was able to attend oral argument at the United States Supreme Court in County of Maui v. Hawaii Wildlife Foundation, a water law case I’ve been closely watching.  It was a bit like going to to the Super Bowl for an ag law nerd like me!  On Thursday, I’ll have a podcast all about the oral argument from several of us who… Read More →

October 4, 2019 Weekly Round Up

Happy October!  It finally feels like fall in the Texas Panhandle and I’m sure enjoying it.  Here are a few ag law stories that have been in the news over the past couple of weeks. * Elder law podcast is a must listen.  I don’t usually share my own podcast episodes in the Weekly Round Up, but the interview I posted this week with elder law attorney, Kristen Porter, is one that I really think is so important, especially for farm and ranch families.  Kristen talked us through… Read More →

Case Illustrates Importance of Bank Account Details

A case from the Tyler Court of Appeals back in 2017 recently caught my attention   Hare v. Longstreet offers a good reminder that the way one sets up a bank account can have important consequences down the road, and there are specific rules related to joint accounts of which people need to be aware. Background In 1998, L.D. Hare opened a checking account in his name at Austin Bank.  In 2000, he added Sherry Longstreet to the account.  In 2015, he added his son, Larry Hare, to the… Read More →

June 14, 2019 Weekly Round Up

It’s been a busy couple of weeks in the world of agricultural law.  I want to welcome those of you who I met at speaking events for the Hill Country Cattle Women in Fredericksburg and the Owning Your Piece of Texas Ag Law Workshop in San Antonio.  If you’d like to see an article  and short video about our Owning Your Piece of Texas program, click here. Here are some of the major ag law stories in the news over the past two weeks. *Lawsuit filed against US… Read More →

March 22, 2019 Weekly Round Up

We’ve reached the end of another week.  Happy Friday!  Welcome to those of you that are new readers and subscribers to the Texas Agriculture Law Blog. A quick reminder about our upcoming Ranchers Leasing Workshop events in Nacogdoches, Burnet, and Perryton.  These are great programs for anyone involved in an agricultural lease–grazing, haying, farming, hunting, livestock–as either a tenant or a landowner.  Registration is easy and can be done by clicking here or by calling Valerie at (979)845-2604.  For more information and to see our complete list of… Read More →

February 22, 2019 Weekly Round Up

Happy Friday and happy FFA week!  I, like many of you, credit FFA for so much of my success in my life and career.  I hope you take a moment to think back on what FFA has given  you and think about ways you might be able to give back to the organization. I also want to say a special welcome to those of you who are joining us after attending the Central Texas Farm Credit diner in Haskell this week.  It was an honor to speak with… Read More →

February 8, 2019 Weekly Round Up

Happy Friday!  I want to say a quick welcome to those of you who I met last week in East Texas when I spoke in Quitman, Hallsville and Kilgore.  We’re excited to have you here. Here are a few of the ag law stories in the news over the last couple of weeks. *MFP Program deadline sign up extended through February 14.  The deadline to signup for the Market Facilitation Program, frequently referred to as the tariff payment, at the FSA Office has been extended through February 14.  Then,… Read More →