News & Analysis as of September 18, 2024

Co-Trustees

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Trustee’s Ability To Retain And Compensate Attorneys In Texas - Presentation

Winstead PC on 6/20/2024

David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas....more

Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy

Winstead PC on 3/18/2024

In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023)....more

BUGGED Selecting a Trustee: Individual versus Corporate versus Independent

Woodruff Sawyer on 9/13/2022

Find out how a special needs trust can ensure the financial security of a special-needs loved one, without jeopardizing their public assistance payments....more

Steps to Follow with a Difficult Co-Trustee

Downey Brand LLP on 6/22/2021

We’ve written about how co-trustee conflict fuels California trust litigation and the problem seems to be growing. Trust administration grinds to a halt because a co-trustee (or two or three) is hostile, stubborn,...more

Court Reversed Temporary Injunction Against Co-Trustees

Winstead PC on 6/10/2021

In Marshall v. Marshall, a beneficiary sued the original trustee and five co-trustees of two trusts regarding claims that they breached fiduciary duties. No. 14-17-00930-CV, 2021 Tex. App. LEXIS 1949 (Tex. App.—Houston [14th...more

Take a Fire Prevention Approach to Your Estate Plan

Downey Brand LLP on 12/29/2020

As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an...more

Federal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm Should Not Be Compelled To Arbitration

Winstead PC on 5/13/2019

In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019)....more

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