News & Analysis as of

Fiduciary Duty Appellate Courts Summary Judgment

Winstead PC

Court Affirmed An Order Removing A Trustee

Winstead PC on

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

Farrell Fritz, P.C.

Lengthy Opinion Delivered Regarding In Terrorem Clause

Farrell Fritz, P.C. on

It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.  But speaketh they did, on April 17, 2025,...more

Farrell Fritz, P.C.

Premature or Untimely? Both at the Same Time? When to Sue as a General Partner

Farrell Fritz, P.C. on

Under ancient (some would argue vestigial) common-law rules of general partnerships, partners can find themselves stuck between a rock and a hard place deciding when to pull the trigger on a lawsuit....more

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