News & Analysis as of

Wills Life Estates

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

Fox Rothschild LLP on

On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Winstead PC

Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

Winstead PC on

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more

Gray Reed

Family History Guides Interpretation of a Texas Will

Gray Reed on

Generally, if your will leaves your beloved “all … right, title and interest in and to”, said beloved would receive the entirety of your interest, whether a surface estate, mineral estate, or both. But in ConocoPhillips, et...more

Winstead PC

Court Holds That A Will Left A Partial Intestacy

Winstead PC on

In Sullivan v. Hatchett, a husband executed a will giving his wife a life estate in his property. No. 07-17-00296-CV, 2019 Tex. App. LEXIS 980 (Tex. App.—Amarillo February 11, 2019, no pet. history)....more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – “Do I Need a Will?”

Farrell Fritz, P.C. on

A Last Will and Testament directs your Executor how and to whom your assets are to be disposed. If you do not have a Will, assets in your name when you die will pass under New York State’s intestacy laws. However, only the...more

Winstead PC

Court Interprets Will’s Residuary Clause To Create A Determinable Fee Simple Estate

Winstead PC on

In In re Estate of Morgenroth, a mother died testate with a will that gave specific devises to her two children, a son and daughter. No. 05-15-00777-CV, 2016 Tex. App. LEXIS 7857 (Tex. App.—Dallas July 25, 2016, no pet....more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2013: Estate Planning Pitfall - Transferring home ownership to your children

Many people mistakenly believe they can transfer their home to their children while retaining the right to continue living in it for the rest of their life, and remove a substantial portion of the home’s value from their...more

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