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Articles 1 - 3 of 3
Full-Text Articles in Estates and Trusts
Stale Future Interests: Can Texas Pass A Constitutional Reverter Act., Robert H. Sheppard
Stale Future Interests: Can Texas Pass A Constitutional Reverter Act., Robert H. Sheppard
St. Mary's Law Journal
Abstract Forthcoming.
The United States Government Breached Its Fiduciary Duty By Paying Oklahoma Estate Tax On The Property Of A Noncompetent Osage Indian Without Determining Whether Intervening Cases And Internal Revenue Rulings Had Removed The Requirement For Paying The Tax., Phyllis Wilson Gainer
St. Mary's Law Journal
Abstract Forthcoming.
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
The Scope Of Texas Probate Jurisdiction Over Matters Incident And Appertaining To An Estate., Paula C. Tredeau
St. Mary's Law Journal
Providing for probate court jurisdiction to accommodate all types of probate issues would lead to a more efficient probate system in terms of cost, time, and judicial economy. However, the constitutional and statutory constraints establish serious limits on probate jurisdiction. The 1973 legislature adopted a major revision to section 5 of the Probate Code to simplify and clarify probate jurisdiction by reorganizing the probate court system. In the four subsequent revisions to section 5 of the Probate Code, the issue of whether to distinguish the phrases “appertaining to an estate” and “incident to an estate” arose. These subsequent amendments continued …