News & Analysis as of August 3, 2025

Attorney's Fees

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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 -

A Trustee or Executor has Substantial Financial and Legal Liability

Allen Barron, Inc. on 5/21/2025

Have you been asked to be a trustee or executor? A trustee or executor has substantial financial and legal liability, and the trust or estate will pay an attorney to guide them through the process....more

Litigation Concerning an Executor’s Accounting

Stark & Stark on 5/6/2025

As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...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

Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved

Winstead PC on 4/28/2020

In Bethany v. Bethany, a party filed a motion to remove his brother as executor of their mother’s estate. No. 03-19-00532-CV, 2020 Tex. App. LEXIS 2350 (Tex. App.—Austin March 20, 2020, no pet.)....more

T&E Litigation Newsletter- May 2016

Goulston & Storrs PC on 5/26/2016

In the past month, there were three decisions of note. First, in the case of Caffrey v. U.S. Trust, Case No. 15-P-920, 2016 Mass. App. Unpub. LEXIS 454 (Apr. 27, 2016), the Appeals Court was confronted with the question...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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