Latest & Greatest – Wills Road Map: Practical Considerations in Will Drafting

By Steve Akers, Bernard E. Jones, and R.J. Watts, II

Published by State Bar of Texas (Texas Bar Books)

KFT 1344 .A94 2017

Continuing with Wills and Probate Law Resource Month, the Harris County Law Library is pleased to have available the new edition of Wills Road Map: Practical Considerations in Will Drafting. Now in its third edition, Wills Road Map outlines the fundamental concepts that attorneys need to consider when preparing a will and when upholding the validity of such will. The authors begin with a discussion of the basic requirements of a will, including those that are statutorily-mandated and those that have been derived from years of case law. They provide examples of some specific will provisions and their purposes, including those that identify the testator, his/her family, and the property being disposed under the will, and some other miscellaneous provisions, such as definitions, in terrorem clauses, and the attestation clause. The authors also provide some insight into the substantive laws that affect the disposition of assets under a will, such as those regarding extraneous references and integration, and legal doctrines that may affect specific bequests, such as ademption and abatement. They round out their discussion of practical considerations by addressing trust planning, fiduciary powers and trust administration, and revocation of a will.

With both the general practitioner and the wills and estate planning specialist in mind, the authors have prepared a guide that not only covers the law surrounding the preparation and execution of wills but also the practical aspects in drafting them. In the appendixes, you can find a checklist for will review, client information questionnaires, and some samples of basic will forms. Next time, you are visiting the Harris County Law Library, have a look at Wills Road Map: Practical Considerations in Will Drafting. Just ask for it at the Reference Desk.

Latest & Greatest – Texas Probate Forms & Procedures

By M. Keith Branyon

Published by James Publishing

KFT 1244 .A6 B73

January is Wills and Probate Resource Month here at the Harris County Law Library, so we are featuring various resources to assist you with your wills drafting, estate planning, and probate administering needs. In this regard, we are pleased to announce the acquisition of a new title: Texas Probate Forms & Procedures. Featuring more than 200 sample forms, this book covers the steps of the probate process from the initial client interview and engagement through the closing of the administration and so much more. The author begins by discussing the considerations involved in choosing the appropriate types of proceedings and administrations as well as the proper venue and court. He pays particular attention to the various administrations that exist here in Texas, such as temporary, independent, and dependent administrations and explains the steps involved in the process from the preparing and filing of the initial application to the hearing and the attendant duties that fall upon the representatives in each type of administration. The author also focuses upon other proceedings and probate alternatives, such as: muniment of title, determination of heirship, small estate affidavits, and orders of no administration. You can also find chapters devoted to emergency procedures, such as emergency applications prior to probate and examination of documents, the procedures involved with probating a foreign will, the handling of creditors and their claims, tax considerations, and will contests.

Be sure to have a look at Texas Probate Forms & Procedures and all of other wills and probate law resources the next time you visit the Harris County Law Library.

Latest & Greatest – Friedman and Smith on Contracts and Conveyances of Real Property

By Milton R. Friedman & James Charles Smith

Published by Practising Law Institute

KF 670 .F7 2017

With the recently-released, Friedman and Smith on Contracts and Conveyances of Real Property, author and editor James Charles Smith took on the monumental task of revising one of the key treatises in the area of real estate law. Ever since its first publication in 1954, the original Friedman on Contracts and Conveyances of Real Property, written by the late Milton R. Friedman, has been an authoritative reference resource for real estate attorneys and has been a reliable source for instructing lawyers as to what they should and should not be doing.

Divided into three volumes, Friedman and Smith explores practically every aspect of a real estate transaction from the contract of sale to the closing process and everything in between. Featuring over 140 sample forms, clauses, and checklists, Friedman and Smith also includes in-depth discussions of issues such as misrepresentation, mortgages and other encumbrances, marketable title and title examination, adverse possession and prescription, easements, covenants, and remedies for defaults. The text does not focus merely on one party to the transaction, but rather provides information that is useful to both buyers and sellers.

Before you take part in that next, or perhaps your first, real estate transaction, have a look at Friedman and Smith on Contracts and Conveyances of Real Property. It may just have all of the essential information you need.

Latest & Greatest – Advising Small Businesses

By Steven C. Alberty

Published by Thomson Reuters

KF 1659 .A94 1989

It’s Small Business Resource Month here at the Harris County Law Library. Today, we’re looking at one of the featured resources: the aptly titled, Advising Small Businesses by Steven C. Alberty. Written for lawyers who represent and counsel small businesses, Advising Small Businesses, offers practical information on all aspects of small businesses from their organization through their operation and ultimately their termination. Detailed and exhaustive, this three-volume treatise offers its readers a thorough analysis of the following topics:

  • Choice of entity, including the advantages and disadvantages of each and the tax implications arising from each type of entity;
  • Available financing options, such as debt financing, government financing, and venture capital financing;
  • Applicable state and federal securities laws;
  • Corporate operations, including shareholder voting, buy-sell agreements, and powers, duties, and liabilities of corporate directors and officers;
  • Business transactions, such as insurance coverage, antitrust laws, franchising, and intellectual property;
  • Employee relations and compensation; and,
  • Dissolution and liquidation.

As a companion to this treatise, the Harris County Law Library also has in its collection, Advising Small Businesses: Forms. This indispensable set provides attorneys with practical tools in the shape of “ready-to-use” forms and checklists, which include sample letters, operating agreements, employment policies, and closing documents.

If you an attorney who owns, operates, manages, or advises small businesses, we hope you’ll find this resource helpful. For additional resources that you can find here at the Law Library and online, visit our Events page.