The Texas Legislatures recently passed a bill that takes effect on September 1, 2021 that extends the rule against perpetuities to 300 years for trusts. The Legislature forwarded the bill (HB 654) to the governor on May 20,...more
In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.)....more
In Marshall v. Marshall, a son, who was a trust beneficiary, sued his mother and brother alleging breaches of fiduciary duty and sought a declaratory judgment that they violated an in terrorem clause of the will. No....more
In In the Estate of Hohmann, the decedent died without leaving an executed will, but his caretaker found a hand written document wherein the decedent stated his wishes for his property. No. 04-20-00237-CV, 2020 Tex. App....more
This presentation will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the resignation of a trustee, the production of confidential trust...more
12/1/2020
/ Attorney-Client Privilege ,
Beneficiaries ,
Client Communication ,
Confidential Information ,
Continuing Legal Education ,
Fiduciary ,
Fiduciary Duty ,
Financial Services Industry ,
Jury Trial ,
Liability ,
Modification ,
Removal ,
Resignation ,
Right to a Jury ,
Risk Management ,
Standing ,
Statute of Limitations ,
Trust Administration ,
Trust Protector Actions ,
Trustees ,
Trusts ,
Wealth Management ,
Webinars ,
Wills
In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS...more
In In re Estate of Debra E. Hunt v. Arabia Vargas, a trial court granted summary judgment interpreting a will to devise a large share of the testatrix’s personal property to her life partner. No. 01-19-00216-CV, 2020 Tex....more
In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more
2/13/2020
/ Appeals ,
Beneficiaries ,
Burden of Proof ,
Diminished Capacity ,
Estate Planning ,
Probate ,
Remand ,
Reversal ,
Summary Judgment ,
Will Contest ,
Wills
In In re Estate of Klutts, a son held his mother’s power of attorney when he assisted in securing a new 2008 will, which enhanced his share of the estate. No. 02-18-00356-CV, 2019 Tex. App. LEXIS 11063 (Tex. App.—Fort Worth...more
2/3/2020
/ Beneficiaries ,
Breach of Duty ,
Burden of Persuasion ,
Burden of Production ,
Burden-Shifting ,
Estate Planning ,
Fiduciary Duty ,
Motion for Summary Judgment ,
Power of Attorney ,
Probate ,
Self-Interest ,
Undue Influence Claims ,
Wills
In "In the Estate of Johnson," a decedent’s daughter filed a will contest after accepting over $146,000 from the estate. No. 05-18-01193-CV, 2019 Tex. App. LEXIS 9646 (Tex. App.—Dallas November 4, 2019, no pet.). ...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more
12/31/2019
/ Arbitration ,
Beneficiaries ,
Estate Planning ,
Estoppel ,
Fiduciary ,
Fiduciary Duty ,
Liability ,
Personal Liability ,
Reformation ,
Statute of Limitations ,
Supersedeas Bond ,
Trusts ,
Wills
David F. Johnson presented his paper “The Use of Arbitration, Forum Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on...more
12/10/2019
/ Arbitration ,
Dispute Resolution ,
Estate Planning ,
Estoppel ,
Fiduciary Duty ,
Forum Selection ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
Rules of Civil Procedure ,
Trusts ,
Wills
In In re Estate of Ethridge, a testatrix signed a will that provided that “all my personal effects” would be devised to her nephew in law and that her half interest in a home went to another person. No. 11-17-00291-CV, 2019...more
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more
11/5/2019
/ Arbitration ,
Beneficiaries ,
Contract Terms ,
Estate Planning ,
Estoppel ,
Forum Selection ,
Jurisdiction ,
Jury Trial ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
State Constitutions ,
Trusts ,
Wills ,
Writ of Mandamus
In Austin v. Austin, after the decedent passed, his daughters probated an April 2016 will, and his wife then sought to probate a December 2016 will. No. 03-18-00678-CV, 2019 Tex. App. LEXIS 8255 (Tex. App.—Austin September...more
In In re Estate of Moore, a decedent executed a will that provided that the residuary of his estate would be held in trust for his mother, and such trust would terminate on her death with the assets then passing to certain...more
In In re Estate of Silverman, a trial court granted a will contestant’s summary judgment and denied a handwritten document’s admission to probate as the last will of the decedent. No. 14-18-00256-CV, 2019 Tex. App. LEXIS 4579...more
I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more
6/7/2019
/ Beneficiaries ,
Burden of Proof ,
Clerical Errors ,
Community Property ,
Estate Planning ,
Evidence ,
Extrinsic Evidence ,
Fiduciary Duty ,
Four-Corners Rule ,
Intent ,
Modification ,
Personal Representatives ,
Plain Meaning ,
Reformation ,
Testators ,
Trustees ,
Wills
In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). ...more
In In the Estate of Hargrove, two daughters offered their mother’s last will and testament dated in 2017 for probate. No. 04-18-00355-CV, 2019 Tex. App. LEXIS 1703 (Tex. App.—San Antonio March 6, 2019, no pet. history). Their...more
In Chabot v. Estate of Sullivan, the decedent’s attorney probated a holographic will as a muniment of title. No. 03-17-00865-CV, 2019 Tex. App. LEXIS 2145 (Tex. App.—Austin March 20, 2019, no pet.)....more
In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more
4/15/2019
/ Appeals ,
Asset Management ,
Beneficiaries ,
Default ,
Dismissals ,
Estate Planning ,
Former Spouse ,
Limitation Periods ,
Motion for Summary Judgment ,
Probate ,
Reversal ,
Surviving Spouse ,
Time-Barred Claims ,
TX Supreme Court ,
Vacated ,
Will Contest ,
Wills
In McDaniel v. Meador, parties sued for declaratory relief regarding whether a granddaughter was a beneficiary of a will. No. 01-18-00041-CV, 2019 Tex. App. LEXIS 1315 (Tex. App.—Houston [1st Dist.] February 21, 2019, no pet....more
In Sullivan v. Hatchett, a husband executed a will giving his wife a life estate in his property. No. 07-17-00296-CV, 2019 Tex. App. LEXIS 980 (Tex. App.—Amarillo February 11, 2019, no pet. history)....more
In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more