News & Analysis as of July 25, 2025

Appeals

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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 Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

Winstead PC on 5/20/2025

In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more

Don’t Rely on a Post-It® Note to Amend Your California Trust

Downey Brand LLP on 11/4/2019

A key feature of a California revocable trust is that it can be amended. Revising a trust can, however, seem like an irksome chore so it’s common for creators of trusts (i.e., “settlors” or “trustors”) to shrug off an...more

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

Winstead PC on 4/15/2019

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

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Estate Planning › Motion for Summary Judgment › Appeals

Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

Don’t Rely on a Post-It® Note to Amend Your California Trust

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

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