In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more
9/3/2024
/ Asset Transfer ,
Beneficiaries ,
Breach of Duty ,
Constructive Trusts ,
Estate Planning ,
Fiduciary Duty ,
Jurisdiction ,
Reversal ,
Rules of Civil Procedure ,
Trusts ,
TX Supreme Court
In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred stock from the trust to her personal trust and then sold the...more
Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in...more
In Skeels v. Suder, a departing shareholder of a law firm sued regarding the firm’s decision to redeem his shares for no consideration. No. 21-1014, 2023 Tex. LEXIS 578 (Tex. June 23, 2023). ...more
In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285 (Tex. March 23, 2023)....more
The Court noted that a claim generally accrues when the defendant’s wrongful conduct causes the claimant to suffer a legal injury. Id. The Court also noted that the discovery rule can defer accrual of limitations...more
In Ackers v. Comerica Bank & Trust, N.A., a life-time beneficiary of a trust filed a claim for a declaration regarding whether certain contingent remainder beneficiaries were beneficiaries. No. 21-0233, 2022 Tex. LEXIS...more
In In re Poe Trust, there were three co-trustees of a trust, and the trust required them to act jointly. No. 20-0179, 2022 Tex. LEXIS 548 (Tex. June 17, 2022)....more
In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more
In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more
In Berry v. Berry, one brother sued his other three brothers regarding the leasing of a family ranch. No. 20-0687, 2022 Tex. LEXIS 405 (Tex. May 13, 2022)....more
The owners of a corporation may enter into shareholder agreements that address and resolve many disputes. For example, the Texas Supreme Court noted: “Shareholders of closely-held corporations may address and resolve such...more
In In the Estate of Johnson, a child of the decedent accepted over $143,000 from the decedent’s estate and then decided to challenge the will due to mental capacity and undue influence. No. 20-0424, 2021 Tex. LEXIS 426 (Tex....more
In Episcopal Diocese of Fort Worth v. Episcopal Church, the Texas Supreme Court addressed whether a withdrawing faction was entitled to church property and also addressed a trust issue. No. 18-0438, 2020 Tex. LEXIS 434 (Tex....more
In Yowell v. Granite Operating Co., the Texas Supreme Court reviewed the validity of an interest in a mineral lease regarding the rule against perpetuities (“Rule”). No. 18-0841, 2020 Tex. LEXIS 425 (Tex. May 15, 2020)....more
In Energy Transfer Partners, L.P. v. Enter. Prods. Partners, L.P., one pipeline company sued another for breaching a duty of loyalty that allegedly arose out of a partnership to develop a pipeline. No. 17-0862, 2020 Tex....more
2/6/2020
/ Appeals ,
Breach of Duty ,
Business Formation ,
Condition Precedent ,
Duty of Loyalty ,
Energy Sector ,
Fiduciary Duty ,
Oil & Gas ,
Partnerships ,
Pipelines ,
Reversal ,
TX Supreme Court
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more
1/27/2020
/ Actual Malice ,
Admissible Evidence ,
Breach of Duty ,
Civil Code ,
Confidential Information ,
Damages ,
Discovery ,
Evidence ,
Fiduciary Duty ,
Fraud ,
Gross Negligence ,
High Net-Worth ,
New Legislation ,
Petition for Writ of Certiorari ,
Punitive Damages ,
Retroactive Application ,
Rules of Civil Procedure ,
Statements of Net Worth ,
TX Supreme Court
Areas of Discussion:
- In this Presentation, we will discuss the following:
- Duty of loyalty;
- Authority for trustee compensation;
- Factors for reasonable compensation;
- Other issues arising from trustee...more
9/27/2019
/ Asset Management ,
Attorney's Fees ,
Beneficiaries ,
Conflicts of Interest ,
Duty of Loyalty ,
Duty to Disclose ,
Fiduciary Duty ,
Reasonable Compensation ,
Settlors ,
Trustees ,
Trusts ,
TX Supreme Court
In Godoy v. Wells Fargo Bank, N.A., a bank sued a guarantor to recover on a deficiency following a foreclosure sale. No. 18-0071, 2019 Tex. LEXIS 443 (Tex. May 10, 2019)....more
In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more
4/15/2019
/ Appeals ,
Asset Management ,
Beneficiaries ,
Default ,
Dismissals ,
Estate Planning ,
Former Spouse ,
Limitation Periods ,
Motion for Summary Judgment ,
Probate ,
Reversal ,
Surviving Spouse ,
Time-Barred Claims ,
TX Supreme Court ,
Vacated ,
Will Contest ,
Wills
Joint liability for breach of fiduciary duty claims is a rather confusing area of law in Texas. Texas courts have discussed three different theories that allow for joint liability: knowing participation in breach of fiduciary...more
In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...more
4/4/2019
/ Appeals ,
Breach of Contract ,
Damages ,
Duty of Confidentiality ,
Duty to Disclose ,
Fiduciary Duty ,
Fraud ,
Petition For Rehearing ,
Punitive Damages ,
Restatement of Torts ,
TX Supreme Court
In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...more
In Compass Bank v. Calleja-Ahedo, an identity thief drained the plaintiff’s bank account through a series of fraudulent transactions in 2012 and 2013, and the plaintiff sued his bank to recover the stolen funds. No. 17-0065,...more
Today, the Texas Supreme Court denied review in Wells Fargo v. Militello, No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June 20, 2017, pet. denied). In Militello, the court of appeals affirmed a trial...more