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Standing Summary Judgment Estate Planning

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more

Winstead PC

Wife’s Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of Repose

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In Austin v. Mitchell, a wife filed suit alleging her ex-husband fraudulently transferred a portion of his limited partnership interest in a family limited partnership to a trust for the benefit of his children. No....more

Winstead PC

Texas Courts Conflict On Whether Contingent Remainder Beneficiaries Have Standing To Assert Claims Regarding Trust Administration

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Texas has recently had two opinions that seemingly take opposite views on whether a contingent remainder beneficiary has standing to sue a trustee for trust administration issue. In In re Estate of Little, a settlor of a...more

Winstead PC

Court Reversed A Summary Judgment For Trustee And Found That A Contingent Remainder Beneficiary Had Standing And Potentially Had A...

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In In the Interest of K.K.W., an ex-wife sued an ex-husband and the trustee of a trust that they created for breaches of fiduciary duty and sought to remove the trustee, among other claims, arising out of the trustee’s...more

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Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney’s Fees

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In Courtade v. Estrada, Estrada created an inter vivos irrevocable trust and deeded real estate into the trust. No. 02-14-00295-CV, 2016 Tex. App. LEXIS 3105 (Tex. App.—Fort Worth March 24, 2016, no pet. history). Two days...more

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