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Once Removed Episode 24: Expressing Goals and Intent for the Trust
Episode 322 -- Checking in on Caremark Cases
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A Primer On Trusts - A Podcast with Janathan Allen
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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
In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4,...more
In In re Est. of Hartwell, a trial court granted summary judgment that the applicant to probate a will was not entitled to do so due to the statute of limitations. No. 06-23-00054-CV, 2024 Tex. App. LEXIS 166 (Tex....more
In Estate of Erwin, a husband died leaving some property to his wife and creating two trusts, naming his wife as the trustee and beneficiary with his children as remainder beneficiaries. No. 13-20-00301-CV, 2021 Tex. App....more
In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: ...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more
Effective January 1, 2020, the new Illinois Trust Code (ITC) will replace the Illinois Trusts and Trustees Act, ushering in several changes of note for fiduciaries. In light of the ITC, fiduciaries and estate planners should...more
Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust? A question like this appeared recently on the AVVO “Free Q&A” page and makes for a perfect blog topic....more
In the Estate of Gibbs, Bell transferred money to Gibbs for the purchase of real property and a trust agreement was executed that clarified that they owned the property equally. No. 02-18-00086-CV, 2019 Tex. App. LEXIS 4452...more
Fiduciaries should always be thinking of ways to get the statute of limitations started. Why have a claim hanging over your head for many years, when you can take actions that shorten the time in which a claim may be brought...more
In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more