Papers and Articles

More papers and articles are available on the legacy web site, texasprobate.net.

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    Fixing or Killing Off Broken Trusts

     (427K)
    This paper by Glenn Karisch addresses modifying or terminating irrevocable trusts judicially or nonjudicially. It discusses thorny issues such as the possible duty of a trustee to seek court modification and ways to draft documents to avoid the need for later court action. Modified to address 2017 legislative changes.
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    2015 Legislative Update

     (111K)
    Glenn Karisch's update of 2015 Texas probate, guardianship and trust legislation.
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    Disclaimers Under the New Texas UDPIA -- Slides

     (122K)
    Slides accompanying Glenn Karisch's presentation on drafting opportunities under the new Texas disclaimer law presented at the State Bar's Estate Planning and Probate Drafting Course in October 2015. (pdf)
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    Disclaimers Under the New Texas Uniform Disclaimer of Property Interests Act

     (888K)
    Paper on the new Texas Uniform Disclaimer of Property Interests Act, which becomes effective September 1, 2015, including section-by-section commentary and forms. (Revised August 26, 2015 to include drafting suggestions.)
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    2013 Legislative Update

     (55K)
    Glenn Karisch's update of 2013 Texas probate, guardianship and trust legislation
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    2009 Legislative Update

     (59K)
    Glenn Karisch's update of 2009 Texas probate, guardianship and trust legislation
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    2011 Legislative Update

     (65K)
    Glenn Karisch's update of 2011 Texas probate, guardianship and trust legislation
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    Bypass Trust Basics

     (302K)
    Glenn Karisch's paper on the basics of bypass trust/credit shelter trust planning.
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    Fixing or Killing Off Broken Trusts

     (348K)
    This paper by Glenn Karisch addresses modifying or terminating irrevocable trusts judicially or nonjudicially. It discusses thorny issues such as the possible duty of a trustee to seek court modification and ways to draft documents to avoid the need for later court action. Modified in June 2017 to address 2017 legislative changes.
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    Fixing or Killing Off Broken Trusts (slides)

     (131K)
    Powerpoint slides from Glenn Karisch's presentation of Fixing or Killing Off Broken Trusts at the State Bar's Advanced Estate Planning and Probate Course June 23, 2016.
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    Multi-Party Accounts and Other Non-Probate Assets in Texas

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    This paper covers the law governing multiple party bank accounts and other non-probate assets in Texas, from the enactment of Section 46 of the Probate Code in 1955 through the 2015 legislative changes.
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    Problems with the Texas Disclaimer Statutes and What to Do About Them

     (178K)
    Glenn Karisch's and Julia Jonas's paper on Texas disclaimer law and describing the proposed Texas Uniform Disclaimer of Property Interests Act (updated August 19, 2014).
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    Problems with the Texas Disclaimer Statutes and What to Do About Them (slides)

     (278K)
    Glenn Karisch's and Julia Jonas's Powerpoint slides on Texas disclaimer law and describing the proposed Texas Uniform Disclaimer of Property Interests Act (updated August 19, 2014).
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    Protecting the Surviving Spouse and Protecting Yourself After Belt v Oppenheimer

     (141K)
    Glenn Karisch's paper about planning and administration strategies to protect the surviving spouse and a discussion of the ethical and legal considerations raised in the Belt v. Oppenheimer case.
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    Steve Akers' Heckerling Musings (2011)

     (387K)
    Steve Akers' summary of the presentations at the 45th Annual Philip E. Heckerling Institute on Estate Planning held in Orlando, Florida in January 2011.
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    Top Ten Things to Do Now

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    Ten things that estate planning and probate attorneys should do to address legislative changes taking effect September 1, 2011.