What Texas Estate Planners Need to Know About Transferring a Wind Interest

Estate Planning Developments for Texas Professionals

4 Pages Posted: 4 Oct 2009  

Gerry W. Beyer

Texas Tech University School of Law

Christianson Hartman

Estate Planning and Community Property Law Journal

Date Written: October 1, 2009

Abstract

Wind development is at the forefront of our nation’s green energy trend. The importance of wind energy raises prospective legal issues, in particular to estate planners, regarding how those rights should be treated in their clients’ wills. Estate planners must be especially careful in determining their clients’ goals and assist them in achieving those goals. A testator who merely partitions his or her land into parcels of equal sizes in an attempt to make an equitable division to the beneficiaries might not achieve an equal distribution of wealth to each beneficiary because it is very likely that the shares will not have equal value. he shares of property with turbines, or the most turbines, will be more valuable than those without, or those with less. Additionally, the parcels with turbines would have less, if not little, surface area to enjoy quietly.

This article addresses some of the issues related to testamentary transfers of wind rights to increase the likelihood that your client’s will accurately reflects his or her testamentary intent.

Keywords: wills, wind, estate planning, green energy, turbines

JEL Classification: K11, L94

Suggested Citation

Beyer, Gerry W. and Hartman, Christianson, What Texas Estate Planners Need to Know About Transferring a Wind Interest (October 1, 2009). Estate Planning Developments for Texas Professionals. Available at SSRN: https://ssrn.com/abstract=1482229

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

Christianson Hartman

Estate Planning and Community Property Law Journal ( email )

1802 Hartford
Lubbock, TX 79409
United States

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