Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however,...more
In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more
The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority...more
4/14/2025
/ Appeals ,
Appellate Courts ,
Business Litigation ,
Contract Disputes ,
Corporate Governance ,
Investment Trust Companies ,
Real Estate Investments ,
REIT ,
Shareholder Litigation ,
Standing ,
TX Supreme Court
In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more
In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more
In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more
4/7/2025
/ Appellate Courts ,
Beneficiaries ,
Co-Trustees ,
Constitutional Challenges ,
Judicial Authority ,
Jury Trial ,
Modification ,
Reversal ,
State Constitutions ,
Statutory Interpretation ,
Trust Remainder Beneficiaries ,
Trustees ,
Trusts
In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more
Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This...more
In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no...more
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no...more
In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more
1/14/2025
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Competency Requirements ,
Contract Terms ,
Evidence ,
Fraud ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Stays ,
Undue Influence Claims
In In re Est., the court of appeals dealt with whether a contingent beneficiary can file claims against a trustee. No. 02-23-00104-CV, 2024 Tex. App. LEXIS 1878 (Tex. App.—Fort Worth March 14, 2024, no pet.)....more
In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024...more
In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...more
In In re Mason, a trial court entered a discovery order requiring a defendant, who was an executor and trustee, to produce documents and information to the plaintiffs, his children. No. 12-24-00023-CV, 2024 Tex. App. LEXIS...more
In Covenant Clearinghouse, LLC v. Kush & Krishna LLC, there was a prior judgment that the plaintiff did not owe the defendant a transfer fee. No. 14-23-00092-CV, 2024 Tex. App. LEXIS 2793 (Tex. App.—Houston [14th Dist.] April...more
In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet....more
In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more
10/11/2024
/ Beneficiaries ,
Estate Planning ,
Guardianships ,
Power of Attorney ,
Reversal ,
Settlors ,
Spouses ,
Successors ,
Summary Judgment ,
Trustees ,
Trusts
In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024...more
In Charles v. Est. of Kornbacher, the estate sued a defendant regarding the ownership of real property. No. 01-23-00125-CV, 2024 Tex. App. LEXIS 2947 (Tex. App.—Houston [1st Dist.] April 30, 2024, no pet. history)....more
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his...more
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more
9/3/2024
/ Asset Transfer ,
Beneficiaries ,
Breach of Duty ,
Constructive Trusts ,
Estate Planning ,
Fiduciary Duty ,
Jurisdiction ,
Reversal ,
Rules of Civil Procedure ,
Trusts ,
TX Supreme Court
In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No....more
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more
8/21/2024
/ Beneficiaries ,
Breach of Duty ,
Conflicts of Interest ,
Covenant of Good Faith and Fair Dealing ,
Estate Planning ,
Executors ,
Fiduciary Duty ,
Jury Trial ,
Mismanagement ,
Removal ,
Removal For-Cause ,
Revocable Trusts ,
Successors ,
Trustees ,
Wills
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more