Beneficiaries, Probate, Summary Judgment

Court Affirmed An Order Removing A Trustee

Winstead PC on 8/4/2025

In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin...more

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on 6/26/2025

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Massachusetts Supreme Judicial Court Upholds Trustee’s Adjustment from Principal to Income

Mintz on 11/27/2024

Trustees have many duties, including the duty of loyalty, the duty to invest prudently, and the duty of impartiality to all beneficiaries. Trustees must also effectuate the wishes of the trust’s settlor. These duties often...more

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on 10/3/2023

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Beneficiaries › Probate › Summary Judgment

Court Affirmed An Order Removing A Trustee

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Massachusetts Supreme Judicial Court Upholds Trustee’s Adjustment from Principal to Income

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Court Holds That Holographic Will Was Not Valid As There Was No Signature

Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority

Beneficiaries › Probate › Summary Judgment

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