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Fiduciary Duty › Spouses › Attorney's Fees

Charles E. Rounds, Jr. - Suffolk University...

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

Charles E. Rounds, Jr. - Suffolk University... on

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Winstead PC

Court Of Appeals Affirmed Findings Of Breach Of Fiduciary Duty Against Wife In Divorce Proceeding

Winstead PC on

In Banister v. Banister, the trial court found that a wife breached her fiduciary duty to the husband, committed fraud on the community estate, and wasted community assets. No. 03-21-00517-CV, 2023 Tex. App. LEXIS 4063 (Tex....more

Winstead PC

Court Rejects Claim That Ex-Spouses Owed Each Other Fiduciary Duties

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In Robins v. Robins, an ex-wife sued her ex-husband for breaching fiduciary duties regarding the sale of their former marital residence. No. 02-16-00285-CV, 2018 Tex. App. LEXIS 3534 (Tex. App.—Fort Worth May 17, 2018). ...more

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