Texas Pattern Jury Charges Family & Probate

PJC-Fam-Probate-3D

Texas Pattern Jury Charges—Family & Probate

  • By the State Bar Committee on Pattern Jury Charges
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • 448 pages
  • © 2016

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In the 2016 edition of Texas Pattern Jury Charges—Family & Probate, the family and probate charges you’ve come to rely on have been revised and updated to reflect case-law and legislative changes, including substantially revised guardianship provisions now requiring consideration of alternatives to guardianship and available supports and services. It also includes commentary on the U.S. Supreme Court decision in Obergefell v. Hodges and a new instruction on spoliation of evidence.

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 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 TO THE 2016 EDITION
CHANGES IN THE 2016 EDITION
INTRODUCTION

CHAPTER 200 ADMONITORY INSTRUCTIONS

200-1 Instructions to Jury Panel before Voir Dire Examination
200-2 Instructions to Jury after Jury Selection
200-3 Charge of the Court
200-4 Additional Instruction for Bifurcated Trial
200-5 Instructions to Jury after Verdict
200-6 Instruction to Jury If Permitted to Separate
200-7 Instruction If Jury Disagrees about Testimony
200-8 Circumstantial Evidence (Optional)
200-9 Instructions to Deadlocked Jury
200-10 Privilege—No Adverse Inference
200-11 Instruction on Spoliation

CHAPTER 201 DISSOLUTION OF MARRIAGE

201-1 Divorce
201-2 Annulment
201-3 Void Marriage PJC 201-4 Existence of Informal Marriage

CHAPTER 202 CHARACTERIZATION OF PROPERTY

202-1 Separate and Community Property
202-2 Inception of Title
202-3 Gift, Devise, and Descent
202-4 Tracing
202-5 Property Acquired on Credit
202-6 Property with Mixed Characterization
202-7 Premarital Agreement
202-8 Partition or Exchange Agreement
202-9 Agreement Concerning Income or Property Derived from Separate Property
202-10 Agreement to Convert Separate Property to Community PropertyPJC
202-11 Separate Property—One Party Claiming Separate Interest (Question)
202-12 Separate Property—Both Parties Claiming Separate Interests (Question)
202-13 Property Division—Advisory Questions (Comment)
202-14 Management, Control, and Disposition of Marital Property
202-15 Personal and Marital Property Liability

CHAPTER 203 VALUATION OF PROPERTY

203-1 Value
203-2 Factors to Be Excluded for Valuation of Business
203-3 Value of Property (Question)

CHAPTER 204 REIMBURSEMENT

204-1 Reimbursement
204-2 Reimbursement—Advisory Questions (Comment)
204-3 Reimbursement—Separate Trials (Comment)

CHAPTER 205 DISREGARDING CORPORATE FORM

205-1 Mere Tool or Business Conduit (Alter Ego)
205-2 Other Unfair Device
205-3 Disregarding Corporate Identity of Corporation Owned Entirely by Spouses (Question)
205-4 Disregarding Corporate Identity of Corporation—Additional Instructions and Questions (Comment)

CHAPTER 206 FRAUD—DISSOLUTION OF MARRIAGE

206-1 Confidence and Trust Relationship between Spouses
206-2 Actual Fraud by Spouse against Community Estate
206-3 Actual Fraud by Spouse against Separate Estate
206-4 Constructive Fraud by Spouse against Community Estate
206-5 Fraud Action against Nonspouse Party

CHAPTER 207 ENFORCEABILITY OF PROPERTY AGREEMENTS

207-1 Enforceability of Property Agreements—Separate Trials (Comment)
207-2 Enforceability of Premarital Agreement
207-3 Enforceability of Partition or Exchange Agreement
207-4 Enforceability of Agreement Concerning Income or Property Derived from Separate Property
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

215-1 Best Interest of Child
215-2 Evidence of Abusive Physical Force or Sexual Abuse
215-3 Evidence of Abuse or Neglect—Joint Managing Conservatorship
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]
215-6 Rights of Parent Appointed Conservator
215-7 No Discrimination Based on Gender or Marital Status
215-8 Preference for Appointment of Parent as Managing Conservator
215-9 Joint Managing Conservators
215-10 Best Interest of Child—Joint Managing Conservatorship
215-11 Sole Managing Conservator—Parent
215-12 Managing Conservator—Nonparent
215-13 Possessory Conservator
215-14 Preference for Appointment of Parent as Managing Conservator—Voluntary Relinquishment of Custody to Nonparent

CHAPTER 216 CONSERVATORSHIP AND SUPPORT—ORIGINAL SUITS

216-1 Sole or Joint Managing Conservatorship
216-2 Sole Managing Conservatorship
216-3 Possessory Conservatorship Contested
216-4 Grandparental Possession or Access—Original Suit (Comment)
216-5 Terms and Conditions of Access, Support, and Conservatorship (Comment)

CHAPTER 217 MODIFICATION OF CONSERVATORSHIP AND SUPPORT

217-1 Modification of Sole Managing Conservatorship to Another Sole Managing Conservator
217-2 Modification of Sole Managing Conservatorship to Joint Managing Conservatorship
217-3 Modification of Joint Managing Conservatorship to Sole Managing Conservatorship
217-4 Modification of Conservatorship—Right to Designate Primary Residence
217-5 Modification of Conservatorship—Multiple Parties Seeking Conservatorship (Comment)
217-6 Modification—Grandparental Possession or Access (Comment)
217-7 Modification of Terms and Conditions of Access, Support, and Conservatorship (Comment)

CHAPTER 218 TERMINATION OF PARENT-CHILD RELATIONSHIP

218-1 Termination of Parent-Child Relationship
218-2 Termination of Parent-Child Relationship—Inability to Care for Child
218-3 Termination of Parent-Child Relationship—Prior Denial of Termination
218-4 Conservatorship Issues in Conjunction with Termination (Comment)
218-5 Termination by Nongenetic Father (Comment)

[Chapters 219–229 are reserved for expansion.]

CHAPTER 230 WILL CONTESTS

230-1 Burden of Proof (Comment)
230-2 Testamentary Capacity to Execute Will
230-3 Requirements of Will
230-4 Holographic Will
230-5 Undue Influence
230-6 Fraud—Execution of Will
230-7 Proponent in Default
230-8 Alteration of Attested Will
230-9 Revocation of Will
230-10 Forfeiture Clause

[Chapter 231 is reserved for expansion.]

CHAPTER 232 BREACH OF DUTY BY PERSONAL REPRESENTATIVE

232-1 Breach of Duty by Personal Representative—Other Than Self-Dealing
232-2 Breach of Duty by Personal Representative—Self-Dealing
232-3 Remedies for Breach of Fiduciary Duty (Comment)
232-4 Actual Damages for Breach of Duty by Personal Representative

CHAPTER 233 REMOVAL OF PERSONAL REPRESENTATIVE

233-1 Removal of Personal Representative—Dependent Administration
233-2 Removal of Personal Representative—Independent Administration

[Chapter 234 is reserved for expansion.]

CHAPTER 235 EXPRESS TRUSTS

235-1 Mental Capacity to Create Inter Vivos Trust
235-2 Intention to Create Trust
235-3 Undue Influence
235-4 Forgery
235-5 Revocation of Trust
235-6 Modification or Amendment of Trust
235-7 Acceptance of Trust by Trustee
235-8 Forfeiture Clause
235-9 Breach of Duty by Trustee—Other Than Self-Dealing
235-10 Breach of Duty by Trustee—Self-Dealing—Duties Not Modified or Eliminated by Trust
235-11 Breach of Duty by Trustee—Self-Dealing—Duties Modified but Not Eliminated by Trust
235-12 Breach of Duty by Trustee—Self-Dealing—Duty of Loyalty Eliminated
235-13 Remedies for Breach of Fiduciary Duty (Comment)
235-14 Actual Damages for Breach of Trust
235-15 Exculpatory Clause
235-16 Removal of Trustee
235-17 Liability of Cotrustees—Not Modified by Document
235-18 Liability of Successor Trustee—Not Modified by Document
235-19 Third-Party Liability
235-20 Release of Liability by Beneficiary
235-21 Limitations

[Chapters 236–239 are reserved for expansion.]

CHAPTER 240 GUARDIANSHIP OF ADULT

240-1 Purpose of Guardianship (Comment)
240-2 Incapacity
240-3 Lack of Capacity to Care for Self (Guardianship of the Person)
240-4 Lack of Capacity to Manage Property (Guardianship of the Estate)
240-5 Supports and Services (Guardianship of the Person)
240-6 Supports and Services (Guardianship of the Estate)
240-7 Alternatives to Guardianship (Guardianship of the Person)
240-8 Alternatives to Guardianship (Guardianship of the Estate)
240-9 Best Interest of Proposed Ward
240-10 Protection of the Person
240-11 Protection of the Estate
240-12 Qualification of Proposed Guardian of the Person
240-13 Qualification of Proposed Guardian of the Estate
240-14 Best Qualified Proposed Guardian of the Person
240-15 Best Qualified Proposed Guardian of the Estate
240-16 Restoration of Capacity—The Person
240-17 Restoration of Capacity—The Estate
240-18 Modification of Guardianship (Comment)
240-20 Removal of Guardian

[Chapters 241–244 are reserved for expansion.]

CHAPTER 245 INVOLUNTARY COMMITMENT

245-1 Temporary Inpatient Mental Health Services
245-2 Extended Inpatient Mental Health Services
245-3 Chemical Dependency Treatment

[Chapters 246–249 are reserved for expansion.]

CHAPTER 250 ATTORNEY’S FEES

250-1 Attorney’s Fees—Family
250-2 Attorney’s Fees—Family—Advisory Questions (Comment)
250-3 Attorney’s Fees and Costs—Will Prosecution or Defense
250-4 Attorney’s Fees—Trust
250-5 Attorney’s Fees—Guardianship—Application
250-6 Attorney’s Fees—Guardianship—Representation of Ward in Restoration or Modification
250-7 Attorney’s Fees and Costs—Defense for Removal of Independent Personal Representative

CHAPTER 251 PRESERVATION OF CHARGE ERROR

251-1 Preservation of Charge Error (Comment)

APPENDIX

STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
HOW TO DOWNLOAD THIS BOOK

 

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