Category Archives: Estate Planning

December 19, 2014 Weekly Round Up

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This week I spoke to a full house at the Swisher County Ag Day in Tulia about Texas Water Law and the major ag law issues to watch in 2015.  Thanks to County Extension Agent John Villalba for the invitation and opportunity to speak.  To those of you joining the blog from Swisher County, welcome!  This is our last weekly round up post of the year!  I hope everyone has a wonderful holiday season. * 5th Circuit Refuses to Reconsider Aransas Project v. Shaw.  Earlier this week, the 5th Circuit… Read More →

“Sound Mind” Requirement for Executing a Will

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* Please remember to vote for the Texas Ag Law Blog in the “Niche” category of the ABA Top 100 Blawgs!  Click here between now and December 19!* A couple of months ago, a Beamont Court of Appeals case illustrated the importance of ensuring that a person has the mental capacity required to validly execute a will.  The case did a good job of outlining the applicable law as well as discussing some of the facts upon which a jury determines capacity.  [Read full opinion here.] Background Marie Forward died on November… Read More →

December 12, 2014 Weekly Round Up

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Happy Friday!  It has been a busy couple of weeks around here.  Last week, I traveled to Brady for the Tri-County Land and Livestock Conference to discuss agricultural and oil and gas leases.  This week, I was off to Archer City to discuss agricultural leases.  Welcome to those of you who attended those programs. * US Appeals WTO Ruling on Country of Origin Labeling for Meat.  As you may recall from this post, the WTO recently found that the United States Country of Origin Labeling (“COOL”) regulations violate… Read More →

December 9, 2014 Weekly Round Up

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Because I did not get the Weekly Round Up post up last Friday, I figured better late than never, so here is the first-ever Tuesday weekly round up of ag law stories in the news. * LCRA Seeks Approval to Cut Off Downstream Irrigation Releases for Fourth Year in a Row.  In a story that is unfortunately becoming all to common, the Lower Colorado River Authority voted 11-2 to seek permission from the TCEQ to curtail downstream releases from the Highland Lakes.  The curtailment would not just impact… Read More →

November 14, 2014 Weekly Round Up

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Another weekend has arrived!  I hope you have all managed to stay warm during this first major winter snap of the season.  Here are a few ag law stories making news this week. *  Article Profiles Karnes City Response to Oil Boom.  The Texas Tribune ran an interesting article on how Karnes City, in the heart of the Eagle Ford Shale, is handling the impacts of the current oil boom.  The article highlights the benefits that the oil field has brought to the town, including money for a new high school,… Read More →

October 17, 2014 Weekly Round Up

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Thank you all for your kind words after my big announcement last week.  I am happy to report that I am settled into my new office in Amarillo and back at it.  Yesterday, I had the chance to present on water law for the Big County Master Naturalists group in Abilene via webcam.  Welcome to those of you visiting the blog from that event! Here are some of the ag law stories in the news this week. Video Addresses Proposed Water Pipeline Project.  The Texas Tribune put together a… Read More →

Questions from Tiffany’s Desk: Are Life Insurance Proceeds Part of Taxible Estate?

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Question:  If I have a $1 million life insurance policy, are the proceeds of that policy considered as part of my gross taxable estate for determining federal estate taxes at my death? Answer:  As is the answer for most legal questions, it depends.  This is an issue that many people are unaware of and that may have significant estate planning implications.  In light of that, a detailed discussion is necessary. Why Should We Care? The reason that the answer to this question is so important is that people… Read More →

September 12, 2014 Weekly Round Up

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It’s been busy in the ag law world.  Here are a few of the stories and articles in the headlines over the last week. * Two Groundwater District Approaches, One Aquifer.  Neena Satija with the Texas Tribune wrote a great article discussing a controversy between Groundwater Conservation Districts managing the Corrizo-Wilcox aquifer in Central Texas.  The Post Oak Savannah GCD and the Lost Pines GCD both manage groundwater for counties overlaying the same aquifer.  Both, however, take different approaches to the permitting process.  These differing approaches have allowed water… Read More →

September 6, 2014 Weekly Round Up

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Yesterday, I enjoyed a trip to Lubbock to attend the planning meeting of the county extension agents in Districts 1 and 2.  Led by RPD, Danny Nusser, the agents worked hard to come up with program plans for 2015.  It sounds like there will be lots of great programs in the Panhandle and South Plains next year!  I appreciated the opportunity to attend. Here are a few ag law stories in the news this week. * Eminent Domain Controversy Near Mumford.  A proposed rail yard has caused a… Read More →

Back To School Checklist Should Include Powers of Attorneys for College Students

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Most of the time, powers of attorney are drafted as part of the estate planning process.  As college students head back to campus this fall, however, they should consider preparing powers of attorney for financial and healthcare needs. Once children reach the age of 18, parents are no longer able to automatically make financial and medical decisions on their behalf.  For example, healthcare privacy laws will not let parents access healthcare information about their adult children absent written authorization.  Similarly, if a child is in an accident and… Read More →