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Breach of Duty › Real Estate Transfers

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

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

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In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

Bennett Jones LLP

4 Business Cases to Follow in the Supreme Court’s Spring Term

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The Supreme Court of Canada’s spring term begins on April 18. This term has a lot of interesting criminal cases, but only a few that may be interesting to the business community...more

Winstead PC

Texas Fiduciary Litigation Update: 2015-2016

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The fiduciary field in Texas is a constantly changing area. Over time, statutes change, and Texas courts interpret those statutes, the common law, and parties’ documents differently. This paper is intended to give an update...more

BCLP

Do You Really Want To Use That Power Of Attorney To Give Yourself Something?

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In Georgia, an agent acting under a power of attorney can give himself the principal’s property at the principal’s direction. The Georgia Supreme Court reaffirmed that maxim in Anderson v. Anderson....more

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