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Attorney's Fees Executors

Winstead PC

Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets

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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

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – August 2020

Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more

Winstead PC

Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved

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In Bethany v. Bethany, a party filed a motion to remove his brother as executor of their mother’s estate. No. 03-19-00532-CV, 2020 Tex. App. LEXIS 2350 (Tex. App.—Austin March 20, 2020, no pet.)....more

Winstead PC

Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That...

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In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a removal action and/or...more

Goulston & Storrs PC

T&E Litigation Newsletter- May 2016

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In the past month, there were three decisions of note. First, in the case of Caffrey v. U.S. Trust, Case No. 15-P-920, 2016 Mass. App. Unpub. LEXIS 454 (Apr. 27, 2016), the Appeals Court was confronted with the question...more

Winstead PC

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

Goulston & Storrs PC

T&E Litigation Newsletter - January 2015

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As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more

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