Winstead PC

Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price’s Assets Pending A Contest

In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana February…more
| Art, Entertainment, & Sports Law, Civil Procedure, Wills, Trusts, & Estate Planning

Court Holds That A One-Line Will Should Have Been Admitted To Probate

In In the Estate of Setser, the decedent signed a 1993 will naming his daughter as the sole beneficiary. No. 01-15-00855-CV, 2017 Tex. App. LEXIS 937 (Tex. App.—Houston [1st Dist.] February 2, 2017, no pet. history). Later, in…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Affirmed Dismissal Of Breach Of Fiduciary Duty Claims Against Condo Board Members

In Brown v. Hensley, a condominium complex was damaged by a hurricane, and the board of the complex allowed the complex to be demolished. No. 14-14-00981-CV, 2017 Tex. App. LEXIS 727 (Tex. App.—Houston [14th Dist.] January 26,…more
| Business Organizations, Civil Procedure, Nonprofit Law, Real Estate - Residential

Presidential Memo Directs Department Of Labor to Look At Conflict of Interest/Fiduciary Regulation Again

Many retirement plan sponsors, fiduciaries and retirement plan service providers and investment advisors have been waiting and hoping for a delay in the Conflict of Interest or Fiduciary (the “COI Package”) regulatory package…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law

Impact of the President’s Executive Orders on Immigration on Employers

During his first week in office, President Trump issued three Executive Orders affecting immigration and border security. Two of the Executive Orders really have no impact on employers, as they relate to the President’s promise…more
| Elections & Politics, Immigration Law, Labor & Employment Law

Court Dismisses Claims Against Investment Firm For Lack Of Personal Jurisdiction

In Happy vs. Tanner, Tanner sued Retire Happy for breach of fiduciary duty, negligent misrepresentation, fraud, conversion, negligence, promissory estoppel, quantum meruit, and violation of the Texas Securities Act arising from…more
| Business Organizations, Civil Procedure, Constitutional Law, Securities Law

Court Holds That Will Created Void Alienation On Restraint

In Knopf v. Gray, a decedent died in 1993, and her will was admitted to probate the same year. No. 10-15-00273-CV, 2017 Tex. App. LEXIS 191 (Tex. App.—Waco January 11, 2017, no pet. history)…more
| Wills, Trusts, & Estate Planning

What the January 20, 2017 Executive Orders Say and Do Not Say

ACA Related Executive Order - The Affordable Care Act Executive Order signed by the new president on January 20, 2017 talks about minimizing the economic burden of the ACA, but when it directs the Secretary of Health and…more
| Elections & Politics, Health, Labor & Employment Law

Health and Welfare Grab Bag of End of Administration Changes

21st Century Cures Act Impacts Employers with 50 or More Employees - Employers with 50 or more employees need to watch developments under the 21st Century Cures Act (“Cures”) because in addition to the establishment of the…more
| Health, Labor & Employment Law, Science, Computers, & Technology

Texas Supreme Court Accepts A Case Dealing With A No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought an accounting, temporary injunctive relief, and a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest

In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the will or the will was the…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Tips For Managing The In-House And Outside Counsel Relationship

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented, “Tips for Managing the In-House and Outside Counsel Relationship” to the Tarrant County Bar Association’s Corporate Counsel Section. David…more
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Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity

In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from a bridge in an attempt to commit suicide. No…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Finance & Banking, Health

Court Affirms Ruling That Adopted Adult Children Were Beneficiaries Of A Trust

In Andresakis v. Modisett, the trustors signed trust agreements in 1976 and 1981, and each agreement created three trusts, one for their daughter, one for their son, and a third trust for their only grandchild, Andresakis. No…more
| Civil Remedies, Family Law, Wills, Trusts, & Estate Planning

Court Affirms Summary Judgment Holding Insurance Agent Owed No Fiduciary Duties To Insured

In Brown v. Carrell, homeowners filed suit against their insurance agent over damages to their home from Hurricane Ike. No. 09-15-00016-CV, 2016 Tex. App. LEXIS 13782 (Tex. App.—Beaumont December 29, 2016, no pet. history). They…more
| Civil Remedies, Insurance, Real Estate - Residential
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Contact

500 Winstead Building
2728 N. Harwood Street
Dallas, TX 75201, United States

  • 214.745.5400
  • 214.745.5390

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
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  • Environmental Law
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  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
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  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • Texas
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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