News & Analysis as of October 12, 2024

Real Estate Transfers

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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 Determined That A Deed Did Not Create A Trust

Winstead PC on 8/5/2024

In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history)....more

Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust

Winstead PC on 2/21/2023

In In re John O. Yates Trust, a trustee of a trust filed suit to obtain declarations on whether it could sell certain real estate held in the trust, and if so, whether the proceeds should be designated as principal. No....more

The Estate Planner, March/April 2021

Shumaker, Loop & Kendrick, LLP on 2/16/2021

Below is a brief glance of what you'll find in the March/April 2021 issue of The Estate Planner. - Can beneficiaries borrow from a trust? - Taking steps to protect your will from being contested - Defined-value...more

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on 12/7/2020

In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

Court Affirms Summary Judgment For A Trustee Against A Beneficiary Due To The Statute of Limitations And Discusses Constructive...

Winstead PC on 10/22/2018

In Gilmore v. Rotan, a testamentary trust’s beneficiaries sued the trustees in 2015 for making a transfer of trust property in 2003 that was evidenced by a deed filed in 2010. No. 11-16-00253-CV, 2018 Tex. App. LEXIS 7705...more

Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney’s Fees

Winstead PC on 4/6/2016

In Courtade v. Estrada, Estrada created an inter vivos irrevocable trust and deeded real estate into the trust. No. 02-14-00295-CV, 2016 Tex. App. LEXIS 3105 (Tex. App.—Fort Worth March 24, 2016, no pet. history). Two days...more

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