Fiduciary Duty, Statute of Limitations, Probate

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

Winstead PC on 6/26/2025

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

Court Affirmed The Trial Court’s Refusal To Probate A Will Due To The Statute Of Limitations

Winstead PC on 7/11/2024

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

Probate & Fiduciary Litigation Newsletter - July 2021

Goulston & Storrs PC on 7/9/2021

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Probate and Fiduciary Litigation Newsletter - August 2018

Goulston & Storrs PC on 9/10/2018

Three recent trial court decisions address issues that may be of interest to estate planning and administration lawyers, as well as probate and fiduciary litigators...more

Appellate Court Notes

Pullman & Comley, LLC on 9/28/2015

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Recent Cases of Interest to Fiduciaries

McGuireWoods LLP on 8/1/2015

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