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Executors Probate Appeals

Winstead PC

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

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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

Winstead PC

Appellate Court Held That It Did Not Have Jurisdiction Over A Probate Court’s Order Denying A Motion For Summary Judgment And...

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In Janine v. McAfee, parties fought over who should be the administrator of an estate. No. 01-20-00717-CV, 2021 Tex. App. LEXIS 10101 (Tex. App.—Houston [1st Dist.] December 23, 2021, no pet. history). ...more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

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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

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter: February 2020

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.  Brother Gets the Cat – and Not Much Else - Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more

Downey Brand LLP

Beware of Dormant Creditor Claims in California Probate Cases

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California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

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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. ...more

Winstead PC

Texas Court Concludes There Was A Fact Question As To Whether A Hand-Written Document Was A Will

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In In re Estate of Silverman, a trial court granted a will contestant’s summary judgment and denied a handwritten document’s admission to probate as the last will of the decedent. No. 14-18-00256-CV, 2019 Tex. App. LEXIS 4579...more

Winstead PC

Codicil Was Properly Rejected Because It Did Not Adequately Refer To Last Will And Testament

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In In the Estate of Hargrove, two daughters offered their mother’s last will and testament dated in 2017 for probate. No. 04-18-00355-CV, 2019 Tex. App. LEXIS 1703 (Tex. App.—San Antonio March 6, 2019, no pet. history). Their...more

Winstead PC

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

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In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

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