Trusts and Estates Section

Summary: LPS conservatees have a constitutional equal protection right not to testify against themselves in conservatorship proceedings. Read more

A court may not amend or reform a will to include a specific reference to a power of appointment in order to preserve the validity of the gift. Read more

Summary: Upon a finding of financial elder abuse, an award of attorney’s fees is mandatory regardless of whether damages are awarded. Read more

Summary: A decedent’s intent governs disposition and posthumous use of his or her stored gametic material. Read more

The full date-of-death value of a GRAT is includable in a decedent’s gross estate for federal estate tax purposes, unless the grantor divests herself of possession of, enjoyment of, or a right to income from the property, leaving no string tying her to the property. Read more

Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more

Greetings from the Executive Committee of the Trusts and Estates Section (TEXCOM). We hope that all Section members and their families have remained safe and healthy during the COVID-19 pandemic. Read more

Summary: Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties. Read more

This is a form for a Request for Consideration of Amicus Curiae Support. Read more

Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more