ProfessorBeyer.com -- Article List

Topic	Title	Author	Description
Animals	Estate Planning for Non-Human Family Members	Gerry W. Beyer	The primary goal of the pet owner’s attorney is to carry out the pet owner’s intent to the fullest extent allowed under applicable law. Accordingly, the attorney should select a method which has the highest likelihood of working successfully to provide for the pet after its owner’s death. This article discusses the variety of techniques currently available and comments on the advisability of each.
Communication	Testators With Communication Challenges	Gerry W. Beyer	Your client may have difficulty with communication, that is, the client may be unable to see, hear, write, or understand English. To effectively prepare a will for these clients, the estate planner must initially ascertain whether the client has a communication challenge and then take affirmative steps to make certain the challenge does not negatively impact the validity of the will. Extra attention must be given to make certain the requirements of a valid will are satisfied and that individuals displeased with the will do not use the communication challenge as a foundation for claims of undue influence or fraud. Even without other evidence, courts may subject the will of a communicationally challenged client to higher scrutiny. This article reviews a variety of communication challenges and recommends techniques to reduce the likelihood of these challenges playing a part in setting aside the testator’s will.
Homesteads	The Basics of Texas Homestead Law	Gerry W. Beyer Katharine L. Smith Jennifer A. Owens	The Texas Constitution provides for homestead protection, exempting a person’s homestead from forced sale except under limited circumstances. The primary purpose of the exemption is to preserve family integrity and provide the debtor and debtor’s family a home and means of support, preventing the family from becoming public charges. This article provides an overview of the fundamentals of Texas homestead law.
Intestate Succession (Texas)	The Basics of Texas Intestate Succession Law	Gerry W. Beyer	The ability to specify the new owners of property upon death is an important and powerful privilege that each state grants to its citizens. The odds are, however, that you have not executed a will and if so, you would be in good company. Many famous and wealthy people have died intestate including President Abraham Lincoln and Texas billionaire Howard Hughes. Surveys reveal that between 60-75% of Americans die intestate. Intestacy causes the decedent’s property to pass to those individuals whom the state government believes the decedent would have wanted to receive the decedent’s probate estate upon death. None of the decedent’s family members or friends are allowed to present evidence to show that the decedent actually wanted his or her property to pass to them or to a charity. This article provides an introduction into the operation of Texas intestacy law.
Legislation (2005 Texas)	Estate Administration Intestate Succession Trusts Wills	Gerry W. Beyer	These articles review the legislation enacted by the 2005 Texas Legislature.
Legislation (2003 Texas)	Texas Legislative Update -- 2003	Gerry W. Beyer	This article reviews legislation enacted by the 2003 Texas Legislature relating to the Texas law of wills, estate administration, trusts, and other estate planning matters
Legislation (2001 Texas)	Recent Developments in Texas Probate Legislation	Gerry W. Beyer	This article reviews legislation enacted by the 2001 Texas Legislature relating to the Texas law of intestacy, wills, estate administration, trusts, guardianship, and other estate planning matters.
Lottery	Lottery Players and Winners: Estate Planning for the Optimistic and the Lucky	Gerry W. Beyer Jessica Petrini	The majority of clients need advice regarding the Texas lottery because according to the 1999 Demographic Study of Texas Lottery Players, approximately 62% of adult Texans play Lotto Texas each year, spending an average of $192 per year on tickets. This article examines how the Texas lottery works and the steps lottery players and winners should consider taking to minimize the undesirable consequences of “striking it rich.”
Medicaid	Medicaid Frequently Asked Questions	Patricia F. Sitchler	Basic information about Medicaid eligibility in Texas. Revised August 2006.
Military Wills	Introduction to Military Wills	Gerry W. Beyer Katharine L. Smith Jennifer A. Owens	This article provides insight for the civilian attorney into the history of military wills and the unique status recently afforded to the “military testamentary instrument.”
Multiple Party Accounts	Fundamentals of Texas Multiple-Party Accounts	Gerry W. Beyer	Multiple-party accounts are important non-probate transfer mechanisms because these accounts are used widely, easy to understand, and inexpensive to obtain. This article discusses the four commonly recognized types of multiple-party accounts: (1) the joint account, which may transfer ownership rights to the account’s balance to the surviving party; (2) the agency or convenience account, which does not transfer the account’s balance upon the death of one of the parties; (3) the payable on death account, which causes the balance to belong to the surviving pay on death payees upon the death of the depositors; and (4) the trust account, under which the beneficiaries receive the account’s balance upon outliving all trustees.
Non-Tax Errors	Common Non-Tax Estate Planning Errors	Gerry W. Beyer	This article discusses common mistakes attorneys may make while preparing estate plans. The author hopes that by pointing out potentially troublesome areas, the reader will avoid the ramifications of drafting a flawed estate plan: frustration of the client’s intent, financial loss to the client or the beneficiaries, personal embarrassment, and claims of malpractice or breach of fiduciary duty.
Spouses	Estate Planning For Spouses	Gerry W. Beyer	This article provides insights and suggestions for estate planning attorneys regarding the most effective ways to represent a husband and wife in achieving their testamentary desires by examining the potential dangers of joint representation, the different models of representing a husband and wife, and making recommendations regarding the best way to protect the client(s), their desires, and the drafting attorney.
Technology	Estate Planning and Technology	Gerry W. Beyer	An estate planning practitioner should not underestimate the positive impact technology may have on his or her practice. This article provides an overview of how technology may be used to enhance your wills, trusts, and estates practice. Focus is placed on specific sources and products which are uniquely suited to a Texas estate planning practice. The article concludes with a discussion of the innovative Nevada statutes which allow wills and trusts to be completely in electronic form.
Trust Legislation (1999)	Trust Law Update — 1999 Texas Legislature	Gerry W. Beyer	This article examines legislation enacted by the 1999 Texas Legislature relating to the Texas law of trusts.
UPIA Twins	Trust Investment and Allocation Rules: Texas Enters a New Era	Gerry W. Beyer	On January 1, 2004, Texas entered a new era with regard to trust investment and allocation as the Texas versions of the “UPIA twins,” that is, the Uniform Prudent Investor Act and the Uniform Principal and Income Act, took effect. This article reviews these two statutes with emphasis on how they are different from prior law.
Will Execution	The Will Execution Ceremony	Gerry W. Beyer	This article suggests a comprehensive step-by-step format for a proper will execution ceremony under Texas law which can provide economical “will insurance” for every testator.