News & Analysis as of September 14, 2024

Executors

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on 8/21/2024

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

Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations

Winstead PC on 7/17/2024

In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4,...more

Court Discusses Holding An Executor In Contempt For Commingling Property

Winstead PC on 5/15/2023

In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No....more

When One Is Not Enough: Dividing Fiduciary Powers and Dispositions - Presentation

Winstead PC on 5/5/2023

Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on...more

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

Winstead PC on 10/18/2022

It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

Joint Pains

Sands Anderson PC on 8/15/2022

A lot of my work as an estate planning attorney is talking with clients to get a thorough understanding of their assets, family, and planning goals so I can help them carry out those goals. Something I hear frequently, which...more

The Estate Planner, July/August 2022

Shumaker, Loop & Kendrick, LLP on 6/29/2022

Asset protection - How to shield your wealth from lawsuits and creditors - Much of estate planning focuses on transferring your wealth to loved ones in a taxefficient manner. But for many people, it’s equally important...more

Removal of An Executor of An Estate

Stark & Stark on 2/9/2022

Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its...more

Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries?

Freeman Law on 12/10/2021

A fiduciary’s failure to disclose material facts to beneficiaries may violate their fiduciary duties. A recent Texas court’s decision outlines the fiduciary’s risks that come with the obligation to disclose....more

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on 11/19/2021

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

The Estate Planner, November/December 2021

Shumaker, Loop & Kendrick, LLP on 10/26/2021

Getting remarried? Understand your spouse’s inheritance rights - If you’re getting remarried, you may have very different expectations than you did when you married the first time, especially when it comes to estate...more

The Tale of the Feuding Fiduciaries

Sands Anderson PC on 7/14/2021

When two brothers appointed to serve as coexecutors of their mother’s estate can’t get along in fulfilling their jointly held duty, how does a Virginia court decide which one to remove? In the recent case of Galiotos v....more

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

Winstead PC on 6/30/2021

In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history)....more

Insight on Estate Planning - February/March 2020: Executors and trustees: The name game

Adler Pollock & Sheehan P.C. on 2/12/2020

It’s important to name executors and trustees who can provide the necessary expertise in handling assets and duties. This article details the duties of an executor and a trustee. A sidebar explains the need to name successors...more

Probate & Fiduciary Litigation Newsletter – August 2019

Goulston & Storrs PC on 9/4/2019

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

Farrell Fritz, P.C. on 7/17/2019

An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

Recent Cases of Interest to Fiduciaries April 2019

McGuireWoods LLP on 4/24/2019

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: Ali v....more

Understanding a Personal Representative

Foodman CPAs & Advisors on 4/15/2019

A Personal Representative (PR) is in charge of the property (estate) of an individual who has died (known as the decedent). When a person passes away, their assets become property of their estate....more

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties

White and Williams LLP on 1/30/2019

The death of a loved one or close friend is a traumatic experience. In addition to the emotional anguish, those who are charged with dealing with the decedent’s personal and financial affairs following death are often left...more

Court Holds That Administrator Is Not Bound By Arbitration Clause In A Will

Winstead PC on 7/23/2018

In Ali v. Smith, a successor administrator of an estate sued the former executor for breach of fiduciary duties arising from his management of the finances of the estate, converting assets of the estate, and using estate...more

What is an Estate Executor’s Role?

Obermayer Rebmann Maxwell & Hippel LLP on 10/3/2017

Often when a person is appointed to serve as the executor (if there was a will) or administrator (if there was not a will) of a family member or friend’s estate they have not had experience with the role or process. This post...more

Fiduciary Imprudence: When the Sale of an Asset Results in a Surcharge

Farrell Fritz, P.C. on 2/10/2017

Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution,...more

Court Reverses Decision On The Fair Market Value Of A Residence Due To The Surviving Spouse’s Interest

Winstead PC on 6/21/2016

In Estate of Sloan, a wife died leaving her home, and her husband was the executor of her estate. No. 02-15-00198-CV, 2016 Tex. App. LEXIS 6465 (Tex. App.—Fort Worth June 16, 2016, no pet. history). The wife’s will left all...more

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