Wills, Summary Judgment, Beneficiaries

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

Lengthy Opinion Delivered Regarding In Terrorem Clause

Farrell Fritz, P.C. on 4/23/2025

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

Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations

Winstead PC on 1/29/2024

In In re Estate of Wells, No. 12-23-00066-CV, 2023 Tex. App. LEXIS 8475 (Tex. App.—Tyler November 8, 2023, no pet. history). The testator left a will that created a trust for his wife and descendants, named his wife as the...more

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on 10/3/2023

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Winstead PC on 8/28/2023

In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more

Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys...

Winstead PC on 2/14/2022

In Flores v. Branscomb PC, before her death, the decedent hired counsel to prepare a new will. No. 13-18-00411-CV, 2021 Tex. App. LEXIS 4612 (Tex. App.—Corpus Christi June 10, 2021, no pet. history)....more

Court Holds That Holographic Will Was Not Valid As There Was No Signature

Winstead PC on 1/14/2021

In In the Estate of Hohmann, the decedent died without leaving an executed will, but his caretaker found a hand written document wherein the decedent stated his wishes for his property. No. 04-20-00237-CV, 2020 Tex. App....more

Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will

Winstead PC on 2/13/2020

In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more

Court Holds That There Was Insufficient Evidence To Establish That Account Beneficiary Designations Were Executed As A Result Of...

Winstead PC on 1/14/2019

In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority

Winstead PC on 9/20/2018

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

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