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	<title>Burdette &#038; Rice Probate Law Journal</title>
	<link>http://www.eblaw.net/journal</link>
	<description>Dallas Probate &#38; Estate Planning</description>
	<lastBuildDate>Thu, 22 Jul 2010 19:27:19 +0000</lastBuildDate>
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	<item>
		<title>Why should an 18-year-old prepare a will?</title>
		<description><![CDATA[Dying without a will creates additional hassle and expense for those who survive. Teenagers are best advised to prepare a will so that they begin to have a focus on having a financially successful life. Having a will helps teens think about their future as well as about what they own and how much such [...]]]></description>
		<link>http://www.eblaw.net/journal/why-should-an-18-year-old-prepare-a-will/</link>
			</item>
	<item>
		<title>Managing an Elderly Parent’s Bank Accounts</title>
		<description><![CDATA[More and more children are managing their parents’ finances without a trust, power of attorney, or guardianship in place. Usually, one of the parents has added one of their children to their bank account to allow them to pay their bills. Although this arrangement is convenient, it is often only a temporary solution and is [...]]]></description>
		<link>http://www.eblaw.net/journal/managing-an-elderly-parent%e2%80%99s-bank-accounts/</link>
			</item>
	<item>
		<title>Exculpatory Provisions in Trusts</title>
		<description><![CDATA[Provisions contained within trust agreements called “Exculpatory Provisions” are those that relieve the trustee from liability for certain acts that could otherwise be considered to be a breach of duty(ies) as a Trustee.  Examples: 1.) the settlor (the person who is creating the trust) can specify that the Trustee is relieved from liability for certain [...]]]></description>
		<link>http://www.eblaw.net/journal/exculpatory-provisions-in-trusts/</link>
			</item>
	<item>
		<title>Removal of the Independent Executor</title>
		<description><![CDATA[In Texas, the testator (the person making a will) has the power to designate his or her executor to be an “independent executor”. Proper use of the term “independent” to describe the executor in the will means that the independent executor may, after the will has been admitted to probate and Letters Testamentary have been [...]]]></description>
		<link>http://www.eblaw.net/journal/removal-of-the-independent-executor/</link>
			</item>
	<item>
		<title>When can a court make changes to an irrevocable trust?</title>
		<description><![CDATA[Any kind of action in which a court is asked to change, modify or otherwise amend the terms of the trust instrument, or to prohibit or permit a trustee to take actions that are not authorized by the terms of the trust, or to terminate a trust either in its entirety or in part, is [...]]]></description>
		<link>http://www.eblaw.net/journal/court-changes-to-irrevocable-trust/</link>
			</item>
	<item>
		<title>Out of State Wills</title>
		<description><![CDATA[What happens when a Will is admitted to probate in one state but there is real estate and/or mineral interests within the State of Texas that need to be transferred to the beneficiaries named in the Will? 

Texas Probate Code Section 95A provides that a written will of a testator (the person who died) who [...]]]></description>
		<link>http://www.eblaw.net/journal/out-of-state-wills/</link>
			</item>
	<item>
		<title>Can &#8220;Forfeiture&#8221; Clauses in Wills be Successfully Challenged?</title>
		<description><![CDATA[Forfeiture clauses, also known as in terrorem clauses, are most effective when the person whom the testator (the person making the will) is most concerned about challenging the will has something to lose by making the challenge. As an example, if the testator says “I’m leaving black sheep son $1.00 and includes a forfeiture clause [...]]]></description>
		<link>http://www.eblaw.net/journal/can-forfeiture-clauses-in-wills-be-successfully-challenged/</link>
			</item>
	<item>
		<title>What rules apply to the person in possession of an Original Will after a Decedent’s Death?</title>
		<description><![CDATA[Texas Probate Code Section 75 states that upon receipt of notice of the death of a testator (the person who made a will) the person having custody of the testator’s will shall deliver it to the clerk of the court which has jurisdiction of the estate. If an individual who is in possession of a [...]]]></description>
		<link>http://www.eblaw.net/journal/what-rules-apply-to-the-person-in-possession-of-an-original-will-after-a-decedent%e2%80%99s-death/</link>
			</item>
	<item>
		<title>To Be Of “Sound Mind”</title>
		<description><![CDATA[What does it mean to be of “sound mind”?
The requirement of “sound mind” is not specified in the Texas Probate Code. Instead, Texas Courts have determined that the “sound mind” requirement with regard to whether a person has “testamentary capacity” is as follows: The Testator (the person making a will) has sufficient mental ability, at [...]]]></description>
		<link>http://www.eblaw.net/journal/will-and-sound-mind-requirement/</link>
			</item>
	<item>
		<title>Out-Of-State Death</title>
		<description><![CDATA[Question: I am out of state and the last of my parents to die recently died in Dallas. One of my sisters is named as the executor of my mother’s estate. I am uncertain as to whether I will be treated fairly as I am not sure she can be trusted.  What can be [...]]]></description>
		<link>http://www.eblaw.net/journal/out-of-state-death/</link>
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