Latest & Greatest – O’Connor’s Texas Probate Law Handbook

By Craig Hopper and D’Ana H. Mikeska

Published by O’Connor’s

KFT 765 .H67

The newest edition to the library’s collection of O’Connor’s books, O’Connor’s Texas Probate Law Handbook, guides the user through the probate process in Texas. The authors begin their book with an overview of Texas probate law and some initial matters that should be considered following a person’s death, including the steps taken after the death, the information that needs to be gathered, gaining access to safe-deposit boxes and personal documents, protecting personal property, and the handling of nonprobate assets. The authors then move onto the nuts and bolts of settling a decedent’s estate, tackling such procedural topics as filing a probate proceeding, opening an administration, and filing and paying any taxes. They detail the rights, duties, and powers of personal representatives and explain how a personal representative administers an estate in a dependent administration and in an independent administration. A chapter is devoted to the legal requirements that a will must satisfy to be admitted to probate. What if there is no will? No worries. The authors spend an entire chapter discussing the laws governing intestate succession. Will contests and alternatives to probate are also addressed in detail.

As is typical with many of the publications from O’Connor’s, the charts are immensely helpful and clarify many of the more confusing issues. These include: determining the appropriate procedure when there is a will and when there is no will, an overview of the intestacy laws, proving proper execution of the will, the personal representative’s duty to file federal tax returns, the priority of payment regarding creditors’ claims, and many more.

If you are looking for a little guidance in handling your next estate administration, come to the Harris County Law Library and have a look at O’Connor’s Texas Probate Law Handbook. You can find it at the reference desk.

Law Day 2018 - Separation of Powers: Framework for Freedom

Today we are recognizing Law Day. Our regular Tech Tuesday feature will return next week. 

Today is Law Day, an annual opportunity to reflect on the legal foundation of our nation and the fundamental role that the law plays in securing the freedoms we as Americans hold dear. At the Harris County Law Library, we're observing the day with a special Law Day exhibit, which will be on display all month long in the library lobby. We are also pleased to be featuring selected winning entries from the Houston Bar Association's annual Law Day essay and poster contest. The winning posters can be seen in the video below, along with a special Law Day message from the Harris County Law Library.

In 1957, American Bar Association (ABA) President Charles S. Rhyne, who provided legal counsel to President Eisenhower, conceived of a day dedicated to the celebration of our legal system, a vision that Mr. Eisenhower would help fulfill. The following year, on February 3, 1958, President Eisenhower issued Proclamation 3221, designating May 1st as Law Day and establishing a tradition. Every administration since has issued a Presidential Proclamation for this special occasion. The 2018 Law Day Proclamation emphasizes the wisdom of our unique structure of government. Consisting of three co-equal branches -- Executive, Legislative, and Judicial -- each with its own authority and limitations, this framework has allowed freedom to flourish for nearly 229 years.

The legislative branch also recognized the importance of this special day. On April 7, 1961, Congress passed a joint resolution (Public Law 87-20, 75 Stat. 43) to officially establish May 1st as Law Day, codifying it into law in Title 36, Section 113. In the years since, Americans have observed Law Day with civic activities, educational programs, and special events consistent with the American Bar Association's annual Law Day theme. Based on a significant aspect of the American legal system (e.g., democracy, civil rights, legal history, the judiciary, or Constitutional law), this theme serves as a focal point for schools, libraries, courts, bar associations, community groups, civic organizations, and others to plan celebratory events.

This year's theme is Separation of Powers: Framework for Freedom, which the ABA explains with a quote from James Madison in Federalist 51: “Ambition must be made to counteract ambition.” On its website, the ABA elaborates:

Madison believed that the Constitution’s principles of separation of powers and checks and balances preserve political liberty. They provide a framework for freedom. Yet, this framework is not self-executing. We the people must continually act to ensure that our constitutional democracy endures, preserving our liberties and advancing our rights. The Law Day 2018 theme enables us to reflect on the separation of powers as fundamental to our constitutional purpose and to consider how our governmental system is working for ourselves and our posterity.

On this day, the Harris County Law Library invites you to reflect on the importance of a legal system designed to guard against tyranny and establish fairness, balance, and justice in the conduct of government. Don't forget to stop by our exhibit throughout the month of May, which explores the Law Day Dialogues presented on the ABA website, and encourages thoughtful consideration of this year's theme, Separation of Powers: Framework for Freedom. Happy Law Day 2018! 

Legal Tech Institute Guest Speaker Wins National Association Election

Congratulations to Saskia Mehlhorn, Director of Knowledge - US at Norton Rose Fulbright, who has been elected Vice-Chair/Chair-Elect of the Private Law Librarians & Information Professionals Special Interest Section of the American Association of Law Libraries.

In September, 2017, Saskia presented a CLE for the Law Library's Legal Tech Institute on artificial intelligence in the practice of law. Find a recording of the program on the Legal Tech Institute page today.

Legal Tech Institute Legal Tech Collection

The Harris County Law Library's Legal Tech Collection is a growing library of print resources, located at the Reference Desk, that address tech topics relevant to to the practice of law. Books in the collection include several titles in the "One Hour" series. iPad in One Hour for Lawyers, Facebook in One Hour for Lawyers, and LinkedIn in One Hour for Lawyers, are just a few of the available titles. Other books in the collection focus on encryption, digital privacy, e-discovery, social media, Adobe Acrobat, and how to use Google more effectively for legal research. 

One of the featured books in the collection is an updated edition of a popular publication from the ABA Law Practice Division -- The Solo and Small Firm Legal Technology Guide: Critical Decisions Made Simple. The Law Library recently acquired the 11th edition (published in 2018), which, surprisingly, is a much slimmer volume than the 2016 edition that it will replace. At just under 200 pages, the 2018 edition is nonetheless chock full of useful content for any solo and small firm practitioners in need of guidance in selecting the best technology options for more efficient and effective legal work.

In the introduction to The 2018 Solo and Small Firm Legal Technology Guide, the authors explain that this year's edition is more narrowly focused on the core technologies of the law office. It is therefore more condensed and compact. Readers requested a book that presents just the essentials of law office technology, making it easier to use and to read. This feedback from readers demonstrates an important point -- that even the most tech savvy users of legal tech tools still like to consult print resources for guidance.

Our interactions with Law Library patrons certainly show a high demand for traditional books in print, which in turn motivated our decision to create a legal tech collection of print materials There are of course many excellent online resources including legal tech blogs, how-to videos on YouTube, recommendations via social media from colleagues and fellow users, vendor websites, and so much more, but many times a compact, single-volume handbook is just what a new tech user needs to get acquainted with an unfamiliar resource. In addition to our print resources, we link to several other useful digital legal tech resources via our Legal Tech Institute web pages, and, when consulted in tandem with our print resources, these online digital sources are also excellent tools for gaining a toehold in the sometimes overwhelming world of legal tech. 

Celebrating San Jacinto Day

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Today is San Jacinto Day! We, along with many others across the state, turn our thoughts to the final battle of the Texas Revolution that took place on April 21, 1836. The victory paved the way for a new government to form under the 1836 Constitution of the Republic of Texas and the rest is legal research.

To celebrate the day, we're offering a #shelfie opportunity the week of April 23 at the Harris County Law Library. Grab your phone and take a #shelfie in front of our monographic replica of the San Jacinto Monument. Be sure to post it to Twitter and tag it #SanJacintheStacks!