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512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Texas Family Settlement Agreement

A FSA is the term used for an agreement reached by all of the heirs as to how an estate should be distributed, often entered to overcome the effects of a poorly drafted will.

Family Settlement Agreement Under Texas Law

What Is A Family Settlement Agreement?

What is a Family Settlement Agreement? FSA is a term used when referencing an agreement reached by all heirs about how an estate should and will be distributed. Many times, an FSA can be used to overcome the effects of an inadequately drafted will. In other instances, an FSA can be used for resolving a probate dispute. But ultimately, an FSA can cure the many effects of an indecent will. 

 

For example, a man becomes deceased and has a second wife but has children from his first marriage. He has a will that states everything he has is left to his children. The second wife claims a one-year family allowance and the right to stay in the home where they resided together during their marriage, until she passes. Under Texas Law, she has the right to do so. However, she is unhappy because of the financial strain in which she will now endure due to his death and cannot afford the home. The woman would prefer to move closer to her children but would be without a home. The children of the man are unhappy because they feel the house is the most valuable asset of the estate, and they would prefer to sell it. This is where you would enter a family settlement agreement. The children and the wife can receive an annuity from the estate, which would be sufficient to allow the woman to maintain a modest home near her children. The children of the deceased are now allowed to sell the home, use a portion of the proceeds to purchase the annuity, and then distribute the entire estate. 

Why A FSA?

 The courts view a family settlement agreement as gold when dealing with probate matters. The courts do not have the authority to approve or deny an FSA. If all parties have signed the FSA and filed with the court, it then acts as a binding and enforceable contract. As long as the agreement has been properly drafted, it grants significant protection against future liability and/or claims brought forth by the heirs who will likely spend their inheritance much quicker than they thought, leaving them to believe they are due more than what was owed.

What Are The Downsides To A Family Settlement Agreement?

First things first, an FSA requires ALL heirs to adhere to an agreement. For example, you have one heir who is abusing illegal substances, living in their family member’s home, and not willing to do anything to enable a sale of the said home; the other ten heirs cannot decide to draft and sign an FSA without the other party involved. Meaning, you will most likely end up with a dependent administration, where a judge might let you take estate funds to make repairs that are mandatory before offering the house for sale at a price that will have to be approved by the judge. But, in the meantime, a bond is required, and you will need a formal appraisal, you will need to file accountings and more. All of this, for want of the signature, of one malefactor that is only owed 1/8th share of the estate. 

 

A second downside would be that if in the FSA, you decide to forego an entitlement, it can later be seen as a gift for tax purposes. In other words, if you are probating or administering a taxable estate where the decedent did not invest in tax planning, you should be open to exploring other options that may benefit better at the end to all parties. 

 

For example, if you are given an estate worth 2 million, you cannot enter into an FSA with your children to bypass the taxes owed on the property. This situation would not be binding with the IRS, and the children will then be responsible for the owed taxes. However, if there is a stepchild who was disinherited, and it can be proven that the will could constitute undue influence, then a reasonable agreement to surrender part of the inheritance would most likely be binding with the IRS.

To Do A FSA Or Not?

It’s best to only enter into a family settlement agreement if your interests are fairly represented. However, if you have an attorney and a good idea of how it could all pan out, an FSA can help you save money and maintain a good relationship with the other potential heirs. 

In any case, you should consult with an attorney to review any settlements before you sign. There may be rights you are unaware of that you have. The attorneys at Wilson Legal Group are prepared to aid you in your family matters and have extensive knowledge when dealing with settlement agreements. Please call our office today for a free consultation.

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For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. 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A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). 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Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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