News & Analysis as of

Fiduciary Duty Appeals Executors

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

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

Winstead PC

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

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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

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

Farrell Fritz, P.C.

Waiving a Decendent’s Attorney-Client Privilege

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“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v...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

Farrell Fritz, P.C.

Receipts and Releases: End of the Road or Just the Beginning

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The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways,...more

Winstead PC

Court Affirms Order Requiring Partition of Property Where Fiduciary’s Homestead Argument Failed

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In Byrom v. Penn, Byrom was appointed executor of his mother’s estate, and he was later removed as executor for breach of fiduciary duty by using estate funds to build a house for himself. No. 12-15-00033-CV, 2016 Tex. App....more

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