Category Archives: Estate Planning

May 21, 2021 Weekly Round Up

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Welcome to Friday! I hope everyone has fun weekend plans.  I will be running a Dinosaur 5K with my kids tomorrow, so we will see how Mama survives with a 4 and 5 year old in tow! Here are some of the biggest ag law stories in the news over the past couple of weeks. *Potential tax policy changes cause concern.  President Biden’s administration has indicated there may be policy changes related to capital gains taxes that have caused concern for many agricultural groups. In particular, President Biden’s… Read More →

Talking Taxes: Estate Tax

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Today, we will kick off a three-part series called Talking Taxes.  We are going to focus on three federal taxes that arise frequently for farm and ranch families when it comes to estate planning: the estate tax, the gift tax, and the capital gains tax. I want to offer two disclaimers.  The first is that I am not a CPA or an accountant.  I’m here to offer just basic information, but highly recommend that you consult with your attorney and tax professional for further advice or clarification.  Second,… Read More →

Case Addresses Requirements for Valid Codicil to Will

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A recent Houston Court of Appeals (1st District) case, In re the Estate of Billy Joe Wlecyk, offers some important considerations to consider with regard to executing a will and codicil. Background Billy Joe Wleczyk died on January 30, 2018.  Two days later, his daughter, Sharon Reed,  filed an Application for Probate of Will and Letters Testamentary stating that Billy Joe resided in Brazoria County at the time of his death.  The Application further provided that he executed a will in 2001, which was ratified in July 2016, and… Read More →

April 9, 2021 Weekly Round Up

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Happy Friday!  Spring has sprung here in the Texas Panhandle and I’m enjoying the green grass and warmer weather.  Here are few of the ag law stories in the news over the past couple of weeks.   * Farm Animal Liability Act bill moves forward as amended.  You may recall from our post a week ago that HB 365 is currently pending and would modify the Texas Farm Animal Liability Act to ensure application to working farms and ranches.  For more detail, click here.  The bill continues to… Read More →

March 26, 2021 Weekly Round Up

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Happy Friday!  Here a few of the ag law stories in the news the past couple of weeks. *Maryland trial court ruling on ammonia emissions and the Clean Water Act draws concern.  A recent case decided in Maryland has resulted in nationwide discussion over agriculture and the intersection of the Clean Air and Clean Water Act.  Essentially, the circuit court judge ruled that Maryland must regulate air pollution–ammonia, in particular–under the state’s implementation of the federal Clean Water Act.  This raises concern for livestock producers, who are exempt… Read More →

Have You Checked Your Beneficiary Designations & Account Details?

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Anyone who has attended farm or ranch educational programs around the country have likely heard talk of the importance of having an estate plan.  Certainly, every person should have a will, power of attorney, healthcare power of attorney, and advanced healthcare directive.  These are the basic building blocks of any estate plan.  [To read more about these documents, click here and see Chapter 14.]  Also critical to a successful estate plan is reviewing beneficiary designations and account signatory cards/creation documents to ensure these are up to date and… Read More →

March 12, 2021 Weekly Round Up

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Happy Friday!  We’re back with some more of the ag law stories in the news over the past couple of weeks. * Bill would modify Texas Farm Animal Liability Act to ensure applicability to working ranches.  You may remember last year that the Texas Supreme Court issued a ruling in Waak v. Zuniga holding that the Texas Farm Animal Liability Act does not apply if the injured party is a rancher or ranch hand. [Read prior post here.]  There are a couple of bills in the Texas Legislature seeking… Read More →

February 12, 2021 Weekly Round Up

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Happy Friday!  It seems like the entire state of Texas is preparing for winter weather this weekend.  I hope you all stay safe and warm.  I want to welcome those of you joining from my recent programs in El Campo and Robstown.  We’re glad you are here! Here are some of the ag law stories in the news the past couple of weeks. *Claims period open for soybean farmers who were injured by dicamba drift in 2015-2020.  Soybean farmers around the country may be eligible to make a… Read More →

January 29, 2021 Weekly Round Up

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Happy Friday!  It’s been a busy week here as I have been working with several of my colleagues in the Texas A&M Agricultural Economics Department on a series of educational videos on the legal and economic issues related to hemp production. If this is a topic of interest to you, be sure you subscribe to this blog as we will be releasing our videos and written materials within the next month! Here are some of the ag law stories in the news over the past couple of weeks…. Read More →

January 15, 2021 Weekly Round Up

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Happy 2021, friends!  We hope you all had a happy, healthy holiday and we are excited to be back for our first Weekly Round Up of the year.  Here are some of the major agricultural law stories in the news over the past couple of weeks. * Lawsuit filed seeking to overturn recent dicamba registration.  On December 22, several environmental groups filed suit against the US Environmental Protection Agency challenging the recent approval of the use of over-the-top dicamba products through 2025. Specifically, the lawsuit claims that the… Read More →