Texas Pattern Jury Charges Family & Probate

Texas Pattern Jury Charges—Family & Probate

  • By the State Bar Committee on Pattern Jury Charges
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • 464 pages
  • © 2018

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Texas Pattern Jury Charges—Family & Probate, 2018 Edition follows a review of case law and 2017 legislation and contains revisions including the following: The instruction on joint managing conservators has been revised to include an explanation of geographic restriction. A new question and comment on reimbursement of attorney’s fees by a party who has acted in bad faith or without just cause in guardianship proceedings has been added. Commentary on exculpatory clauses in express trusts has been revised, including a new instruction on bad faith and a revised instruction on intentional conduct.

The assistance that this excellent resource offers extends beyond providing definitions, instructions, and questions useful for drafting charges in your jury trials. Many practitioners find it very helpful in preparing findings of fact and conclusions of law in nonjury cases and in identifying issues and evidence requirements in family and probate cases generally. Comments provide a ready reference to the source of each charge and instructions on when to use it.

The Texas Pattern Jury Charges—Family & Probate Digital Download is included at no charge with purchase of the hard copy and may also be purchased separately. The digital download contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as MS Word files linked to the comments for quick retrieval and assembly of jury charges. Texas and federal case citations are linked to the online version of the Casemaker Web Library. Texas and federal statute citations are linked to the main code section cited via Casemaker online.

Texas Pattern Jury Charges—Family & Probate covers topics in the following areas:

  • Admonitory Instructions
  • Dissolution of Marriage
  • Characterization of Property
  • Valuation of Property
  • Reimbursement
  • Disregarding Corporate Form
  • Fraud—Dissolution of Marriage
  • Enforceability of Property Agreements
  • Definitions and Instructions—SAPCR
  • Conservatorship and Support—Original Suits
  • Modification of Conservatorship and Support
  • Termination of Parent-Child Relationship
  • Will Contests
  • Breach of Duty by Personal Representative
  • Removal of Personal Representative
  • Express Trusts
  • Guardianship of Adult
  • Involuntary Commitment
  • Attorney’s Fees
  • Preservation of Charge Error

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CONTENTS

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Preface
Preface to the 2018 Edition
Changes in the 2018 Edition
Introduction

Chapter 200 Admonitory Instructions

PJC 200.1 Instructions to Jury Panel before Voir Dire Examination
PJC 200.2 Instructions to Jury after Jury Selection
PJC 200.3 Charge of the Court
PJC 200.4 Additional Instruction for Bifurcated Trial
PJC 200.5 Instructions to Jury after Verdict
PJC 200.6 Instruction to Jury If Permitted to Separate
PJC 200.7 Instruction If Jury Disagrees about Testimony
PJC 200.8 Circumstantial Evidence (Optional)
PJC 200.9 Instructions to Deadlocked Jury
PJC 200.10 Privilege—No Adverse Inference
PJC 200.11 Instruction on Spoliation

Chapter 201 Dissolution of Marriage

PJC 201.1 Divorce
PJC 201.2 Annulment
PJC 201.3 Void Marriage
PJC 201.4 Existence of Informal Marriage

Chapter 202 Characterization of Property

PJC 202.1 Separate and Community Property
PJC 202.2 Inception of Title
PJC 202.3 Gift, Devise, and Descent
PJC 202.4 Tracing
PJC 202.5 Property Acquired on Credit
PJC 202.6 Property with Mixed Characterization
PJC 202.7 Premarital Agreement
PJC 202.8 Partition or Exchange Agreement
PJC 202.9 Agreement Concerning Income or Property Derived from Separate Property
PJC 202.10 Agreement to Convert Separate Property to Community Property
PJC 202.11 Separate Property—One Party Claiming Separate Interest (Question)
PJC 202.12 Separate Property—Both Parties Claiming Separate Interests (Question)
PJC 202.13 Property Division—Advisory Questions (Comment)
PJC 202.14 Management, Control, and Disposition of Marital Property
PJC 202.15 Personal and Marital Property Liability

Chapter 203 Valuation of Property

PJC 203.1 Value
PJC 203.2 Factors to Be Excluded for Valuation of Business
PJC 203.3 Value of Property (Question)

Chapter 204 Reimbursement

PJC 204.1 Reimbursement
PJC 204.2 Reimbursement—Advisory Questions (Comment)
PJC 204.3 Reimbursement—Separate Trials (Comment)

Chapter 205 Disregarding Corporate Form

PJC 205.1 Mere Tool or Business Conduit (Alter Ego)
PJC 205.2 Other Unfair Device
PJC 205.3 Disregarding Corporate Identity of Corporation Owned Entirely by Spouses (Question)
PJC 205.4 Disregarding Corporate Identity of Corporation—Additional Instructions and Questions (Comment)

Chapter 206 Fraud—Dissolution of Marriage

PJC 206.1 Confidence and Trust Relationship between Spouses
PJC 206.2 Actual Fraud by Spouse against Community Estate
PJC 206.3 Actual Fraud by Spouse against Separate Estate
PJC 206.4 Constructive Fraud by Spouse against Community Estate
PJC 206.5 Fraud Action against Nonspouse Party

Chapter 207 Enforceability of Property Agreements

PJC 207.1 Enforceability of Property Agreements—Separate Trials (Comment)
PJC 207.2 Enforceability of Premarital Agreement
PJC 207.3 Enforceability of Partition or Exchange Agreement
PJC 207.4 Enforceability of Agreement Concerning Income or Property Derived from Separate Property
PJC 207.5 Enforceability of Agreement to Convert Separate Property to Community Property

[Chapters 208–214 are reserved for expansion.]

Chapter 215 Definitions and Instructions—Suits Affecting the Parent-Child Relationship

PJC 215.1 Best Interest of Child
PJC 215.2 Evidence of Abusive Physical Force or Sexual Abuse
PJC 215.3 Evidence of Abuse or Neglect—Joint Managing Conservatorship
PJC 215.4 History or Pattern of Family Violence, History or Pattern of Child Abuse or Neglect, or Protective Order
[PJC 215.5 is reserved for expansion.]
PJC 215.6 Rights of Parent Appointed Conservator
PJC 215.7 No Discrimination Based on Gender or Marital Status
PJC 215.8 Preference for Appointment of Parent as Managing Conservator
PJC 215.9 Joint Managing Conservators
PJC 215.10 Best Interest of Child—Joint Managing Conservatorship
PJC 215.11 Sole Managing Conservator—Parent
PJC 215.12 Managing Conservator—Nonparent
PJC 215.13 Possessory Conservator
PJC 215.14 Preference for Appointment of Parent as Managing Conservator—Voluntary Relinquishment of Custody to Nonparent

Chapter 216 Conservatorship and Support—Original Suits

PJC 216.1 Sole or Joint Managing Conservatorship
PJC 216.2 Sole Managing Conservatorship
PJC 216.3 Possessory Conservatorship Contested
PJC 216.4 Grandparental Possession or Access—Original Suit (Comment)
PJC 216.5 Terms and Conditions of Access, Support, and Conservatorship (Comment)

Chapter 217 Modification of Conservatorship and Support

PJC 217.1 Modification of Sole Managing Conservatorship to Another Sole Managing Conservator
PJC 217.2 Modification of Sole Managing Conservatorship to Joint Managing Conservatorship
PJC 217.3 Modification of Joint Managing Conservatorship to Sole Managing Conservatorship
PJC 217.4 Modification of Conservatorship—Right to Designate Primary Residence
PJC 217.5 Modification of Conservatorship—Multiple Parties Seeking Conservatorship (Comment)
PJC 217.6 Modification—Grandparental Possession or Access (Comment)
PJC 217.7 Modification of Terms and Conditions of Access, Support, and Conservatorship (Comment)

Chapter 218 Termination of Parent-Child Relationship

PJC 218.1 Termination of Parent-Child Relationship
PJC 218.2 Termination of Parent-Child Relationship—Inability to Care for Child
PJC 218.3 Termination of Parent-Child Relationship—Prior Denial of Termination
PJC 218.4 Conservatorship Issues in Conjunction with Termination (Comment)
PJC 218.5 Termination by Nongenetic Father (Comment)

[Chapters 219–229 are reserved for expansion.]

Chapter 230 Will Contests

PJC 230.1 Burden of Proof (Comment)
PJC 230.2 Testamentary Capacity to Execute Will
PJC 230.3 Requirements of Will
PJC 230.4 Holographic Will
PJC 230.5 Undue Influence
PJC 230.6 Fraud—Execution of Will
PJC 230.7 Proponent in Default
PJC 230.8 Alteration of Attested Will
PJC 230.9 Revocation of Will
PJC 230.10 Forfeiture Clause

[Chapter 231 is reserved for expansion.]

Chapter 232 Breach of Duty by Personal Representative

PJC 232.1 Breach of Duty by Personal Representative—Other Than Self-Dealing
PJC 232.2 Breach of Duty by Personal Representative—Self-Dealing
PJC 232.3 Remedies for Breach of Fiduciary Duty (Comment)
PJC 232.4 Actual Damages for Breach of Duty by Personal Representative

Chapter 233 Removal of Personal Representative

PJC 233.1 Removal of Personal Representative—Dependent Administration
PJC 233.2 Removal of Personal Representative—Independent Administration

[Chapter 234 is reserved for expansion.]

Chapter 235 Express Trusts

PJC 235.1 Mental Capacity to Create Inter Vivos Trust
PJC 235.2 Intention to Create Trust
PJC 235.3 Undue Influence
PJC 235.4 Forgery
PJC 235.5 Revocation of Trust
PJC 235.6 Modification or Amendment of Trust
PJC 235.7 Acceptance of Trust by Trustee
PJC 235.8 Forfeiture Clause
PJC 235.9 Breach of Duty by Trustee—Other Than Self-Dealing
PJC 235.10 Breach of Duty by Trustee—Self-Dealing—Duties NotModified or Eliminated by Trust
PJC 235.11 Breach of Duty by Trustee—Self-Dealing—Duties Modified but Not Eliminated by Trust
PJC 235.12 Breach of Duty by Trustee—Self-Dealing—Duty of Loyalty Eliminated
PJC 235.13 Remedies for Breach of Fiduciary Duty (Comment)
PJC 235.14 Actual Damages for Breach of Trust
PJC 235.15 Exculpatory Clause
PJC 235.16 Removal of Trustee
PJC 235.17 Liability of Cotrustees—Not Modified by Document
PJC 235.18 Liability of Successor Trustee—Not Modified by Document
PJC 235.19 Third-Party Liability
PJC 235.20 Release of Liability by Beneficiary
PJC 235.21 Limitations

[Chapters 236–239 are reserved for expansion.]

Chapter 240 Guardianship of Adult

PJC 240.1 Purpose of Guardianship (Comment)
PJC 240.2 Incapacity
PJC 240.3 Lack of Capacity to Care for Self (Guardianship of the Person)
PJC 240.4 Lack of Capacity to Manage Property (Guardianship of the Estate)
PJC 240.5 Supports and Services (Guardianship of the Person)
PJC 240.6 Supports and Services (Guardianship of the Estate)
PJC 240.7 Alternatives to Guardianship (Guardianship of the Person)
PJC 240.8 Alternatives to Guardianship (Guardianship of the Estate)
PJC 240.9 Best Interest of Proposed Ward
PJC 240.10 Protection of the Person
PJC 240.11 Protection of the Estate
PJC 240.12 Qualification of Proposed Guardian of the Person
PJC 240.13 Qualification of Proposed Guardian of the Estate
PJC 240.14 Best Qualified Proposed Guardian of the Person
PJC 240.15 Best Qualified Proposed Guardian of the Estate
PJC 240.16 Restoration of Capacity—The Person
PJC 240.17 Restoration of Capacity—The Estate
PJC 240.18 Modification of Guardianship (Comment)
[PJC 240.19 is reserved for expansion.]
PJC 240.20 Removal of Guardian

[Chapters 241–244 are reserved for expansion.]

Chapter 245 Involuntary Commitment

PJC 245.1 Temporary Inpatient Mental Health Services
PJC 245.2 Extended Inpatient Mental Health Services
PJC 245.3 Chemical Dependency Treatment

[Chapters 246–249 are reserved for expansion.]

Chapter 250 Attorney’s Fees

PJC 250.1 Attorney’s Fees—Family
PJC 250.2 Attorney’s Fees—Family—Advisory Questions (Comment)
PJC 250.3 Attorney’s Fees and Costs—Will Prosecution or Defense
PJC 250.4 Attorney’s Fees—Trust
PJC 250.5 Attorney’s Fees—Guardianship—Application
PJC 250.6 Attorney’s Fees—Guardianship—Representation of Ward in Restoration or Modification
PJC 250.7 Attorney’s Fees and Costs—Defense for Removal of Independent Personal Representative
PJC 250.8 Attorney’s Fees—Guardianship—Reimbursement of Attorney’s Fees

Chapter 251 Preservation of Charge Error

PJC 251.1 Preservation of Charge Error (Comment)
PJC 251.2 Broad-Form Issues and the Casteel Doctrine (Comment)

Appendix
Statutes and Rules Cited
Cases Cited
Subject Index
How to Download This Book

 

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