Category Archives: Estate Planning

August 10, 2018 Weekly Round Up

I’m back from a great time in College Station at the TAMU Beef Cattle Short Course.  It’s an excellent event and is attended each year by over 2,000 cattle producers.  I spoke three times on various agricultural law issues and had a great time.   Welcome to those of you joining from BCSC.  To read more about this event, click here. Here are some of the ag law stories in the news this week. * NM State Engineer dismisses groundwater pumping permit for San Augustin Ranch.  For years, I’ve… Read More →

College Students Should Add Powers of Attorney to Back-to-School Checklist

When we think of the long list of items that college students need to think about before heading back to campus in the fall, legal documents are likely not high on the list.  However, college students should consider executing a power of attorney, medical power of attorney, and a HIPAA disclosure authorization before leaving home. Once children reach 18 years of age, their parents are no longer able to automatically make medical or financial decisions on behalf of the child.  Similarly, parents are not privy to medical information… Read More →

July 13, 2018 Weekly Round Up

Happy Friday from the Panhandle!  This week I traveled to Lubbock to speak at the Plains Cotton Growers Board Meeting on legal issues surrounding pesticide drift.  I really enjoyed the conversations at that meeting and want to welcome any new readers joining us from that meeting. Here are some of the ag law stories in the news this week. * President Trump nominates Brett Kavanaugh.  On Monday, President Trump nominated Judge Brett Kavanaugh from the D.C. Circuit Court of Appeals.  [Read article here.] *President Trump pardons Oregon ranchers.  President… Read More →

July 6, 2018 Weekly Round Up

I hope everyone had a safe and enjoyable Independence Day!  My family celebrated with a small town parade here in the Texas Panhandle, which our two little ones really enjoyed! Despite the day off, it has been a busy news week for agricultural law. *Concho River Watermaster warns permit holders that curtailments may occur.  The Concho Watermaster sent letters to water rights holders this week that if drought conditions persist and a senior water rights holder makes a priority call, curtailment could occur.  Further, the letter requires receiving approval prior… Read More →

June 22, 2018 Weekly Round Up

We’ve made it to another Friday!  I spent this week in the office getting caught up on emails, phone calls, and writing.  There will be some really interesting blog posts coming over the next couple of months, so be sure you’ve signed up to receive them via email! Here are some ag law stories in the news this week. * Environmental groups petition US Fish and Wildlife Service to list dunes sagebrush lizard under Endangered Species Act.  The Center for Biological Diversity and the Defenders of Wildlife have… Read More →

When Grandma’s Will Causes a Family Feud

A recent case from the Texas Supreme Court offers a reminder about how disputes can arise from language used in a will when not carefully reviewed by an attorney.  [Read full opinion here.] Background Vada Allen owned a 316 acre ranch in Robertson County.  Upon her death, she was survived by her son, Bobby, and three grandchildren, Annette, Allison, and Stanley.  Her will included the following provision: Now Bobby, I leave the rest to you, everything, certificates of deposit, land, cattle, and machinery, Understand that the land is… Read More →

March 16, 2018 Weekly Round Up

It’s been a busy week for me and for agricultural law!  On Wednesday I spoke in Albany, Texas at a program hosted by the Leon Bosque RC&D and on Thursday evening I was in Brownwood to speak at the Brown County Ag Day.  Welcome to those of you joining from those events. Here are some of the ag law stories in the news this week. * FMCSA Extends Agricultural Exemption to New Hauling Regulations Another 90 Days.  The Federal Motor Carrier Safety Administration (FMCSA) announced that it will… Read More →

Words Matter When Drafting a Will: A Cautionary Tale

A recent decision from the Ft. Worth Court of Appeals, In the Estate of Larry Ronald Neal, Deceased, offers a good reminder about how important is to carefully word a will to ensure that one’s intent is carried out after death. Background Larry Neal executed a will in 2009 naming his brother, Gary, as executor of his estate and making various bequeaths of his assets.  The will included the following provisions: Article II  “I do give and bequeath to my niece, Valorie Jean (Neal) White, all of my personal effects and all… Read More →

February 16, 2018 Weekly Round Up

Hello from Weatherford, Texas!  Last night, I spoke at an Extension meeting in Denton County and today I’ll be speaking at the Country Land Stewardship Conference here in Weatherford.  Welcome to those of you joining us from these events. Here are some of the ag law stories in the news this week. *Budget bill allows seed cotton to be a covered commodity under Farm Bill.   On February 9, Congress passed a budget that made seed cotton a covered commodity for the 2018 crop year under the current Farm Bill’s… Read More →

2018 Estate Tax Changes

With the start of a new year and the passage of the “Tax Cuts and Jobs Act,” there are important changes to the federal estate tax.  Everyone should take time to understand the current and any new estate tax law and to evaluate his or her estate to determine if estate tax liability may be an issue. Federal Estate Tax Basics The federal estate tax is essentially a tax on a person’s right to transfer property at death.  If a person’s taxable estate is valued over the exemption… Read More →