In Marshall v. Estate of Freeman, a trial court’s order admitting a will as a muniment of title forty-one years after the testator’s death was reversed. No. 03-20-00449-CV, 2022 Tex. App. LEXIS 2857 (Tex. App.—Austin April...more
In Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. No. 05-20-00215-CV, 2022 Tex. App. LEXIS 2991 (Tex. App.—Dallas May 4, 2022, no pet. history)....more
In Jones v. Jones, the decedent’s wife filed an application for probate of an attested will for her husband, and the decedent’s son from a previous marriage filed a petition contesting the will. No. 01-20-00073-CV, 2022 Tex....more
In In re Estate of Aldrete, a decedent’s son from a first marriage had a 1981 will admitted to probate, which left real property to him. No. 04-20-00426-CV, 2022 Tex. App. LEXIS 322 (Tex. App.—San Antonio January 19, 2022, no...more
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
In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more
11/19/2021
/ Abuse of Discretion ,
Appeals ,
Estate Planning ,
Executors ,
Fiduciary Duty ,
Fitness for Particular Purpose ,
Power of Attorney ,
Probate ,
Probate Courts ,
Residual Clause ,
Standard of Review ,
Trustees ,
Wills
In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more
10/25/2021
/ Attorney-in-Fact ,
Beneficiaries ,
Estate Planning ,
Life Estates ,
Mineral Leases ,
Power of Attorney ,
Settlement Agreements ,
Spouses ,
Surviving Spouse ,
Trust Remainder Beneficiaries ,
Trustees ,
Trusts ,
Wills
In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history)....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
The Texas Legislatures recently passed a bill that takes effect on September 1, 2021 that extends the rule against perpetuities to 300 years for trusts. The Legislature forwarded the bill (HB 654) to the governor on May 20,...more
In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.)....more
In Marshall v. Marshall, a son, who was a trust beneficiary, sued his mother and brother alleging breaches of fiduciary duty and sought a declaratory judgment that they violated an in terrorem clause of the will. No....more
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
This presentation will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the resignation of a trustee, the production of confidential trust...more
12/1/2020
/ Attorney-Client Privilege ,
Beneficiaries ,
Client Communication ,
Confidential Information ,
Continuing Legal Education ,
Fiduciary ,
Fiduciary Duty ,
Financial Services Industry ,
Jury Trial ,
Liability ,
Modification ,
Removal ,
Resignation ,
Right to a Jury ,
Risk Management ,
Standing ,
Statute of Limitations ,
Trust Administration ,
Trust Protector Actions ,
Trustees ,
Trusts ,
Wealth Management ,
Webinars ,
Wills
In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS...more
In In re Estate of Debra E. Hunt v. Arabia Vargas, a trial court granted summary judgment interpreting a will to devise a large share of the testatrix’s personal property to her life partner. No. 01-19-00216-CV, 2020 Tex....more
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
2/13/2020
/ Appeals ,
Beneficiaries ,
Burden of Proof ,
Diminished Capacity ,
Estate Planning ,
Probate ,
Remand ,
Reversal ,
Summary Judgment ,
Will Contest ,
Wills
In In re Estate of Klutts, a son held his mother’s power of attorney when he assisted in securing a new 2008 will, which enhanced his share of the estate. No. 02-18-00356-CV, 2019 Tex. App. LEXIS 11063 (Tex. App.—Fort Worth...more
2/3/2020
/ Beneficiaries ,
Breach of Duty ,
Burden of Persuasion ,
Burden of Production ,
Burden-Shifting ,
Estate Planning ,
Fiduciary Duty ,
Motion for Summary Judgment ,
Power of Attorney ,
Probate ,
Self-Interest ,
Undue Influence Claims ,
Wills
In "In the Estate of Johnson," a decedent’s daughter filed a will contest after accepting over $146,000 from the estate. No. 05-18-01193-CV, 2019 Tex. App. LEXIS 9646 (Tex. App.—Dallas November 4, 2019, no pet.). ...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more
12/31/2019
/ Arbitration ,
Beneficiaries ,
Estate Planning ,
Estoppel ,
Fiduciary ,
Fiduciary Duty ,
Liability ,
Personal Liability ,
Reformation ,
Statute of Limitations ,
Supersedeas Bond ,
Trusts ,
Wills
David F. Johnson presented his paper “The Use of Arbitration, Forum Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on...more
12/10/2019
/ Arbitration ,
Dispute Resolution ,
Estate Planning ,
Estoppel ,
Fiduciary Duty ,
Forum Selection ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
Rules of Civil Procedure ,
Trusts ,
Wills
In In re Estate of Ethridge, a testatrix signed a will that provided that “all my personal effects” would be devised to her nephew in law and that her half interest in a home went to another person. No. 11-17-00291-CV, 2019...more
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more
11/5/2019
/ Arbitration ,
Beneficiaries ,
Contract Terms ,
Estate Planning ,
Estoppel ,
Forum Selection ,
Jurisdiction ,
Jury Trial ,
Jury Waivers ,
Mandatory Arbitration Clauses ,
State Constitutions ,
Trusts ,
Wills ,
Writ of Mandamus
In Austin v. Austin, after the decedent passed, his daughters probated an April 2016 will, and his wife then sought to probate a December 2016 will. No. 03-18-00678-CV, 2019 Tex. App. LEXIS 8255 (Tex. App.—Austin September...more
In In re Estate of Moore, a decedent executed a will that provided that the residuary of his estate would be held in trust for his mother, and such trust would terminate on her death with the assets then passing to certain...more