News & Analysis as of

Estate Planning › Fiduciary Duty › Wills

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... more +
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 -
Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Foster Swift Collins & Smith

Legal-Ease: What are my Responsibilities as Fiduciary of an Estate?

Foster Swift Collins & Smith on

Dear Jonathan: My parents just updated their estate plan and told me that they named me in their wills, their trust and their financial and health care durable powers of attorney to act for them when they can no longer act...more

Charles E. Rounds, Jr. - Suffolk University...

Incorporating into a trust instrument a nonjudicial mechanism for effectuating on an ongoing basis the wishes of the deceased...

Charles E. Rounds, Jr. - Suffolk University... on

There is much to commend in O’Brien, Proposing a Model Antilapse Clause, 48 ACTEC L. J. 257 (2023), particularly its flagging of the doctrinal and practical flaws in Uniform Probate Code §2-707, which would apply the...more

Dunlap Bennett & Ludwig PLLC

Estate Planning: A Gift for Your Loved Ones

Dunlap Bennett & Ludwig PLLC on

This is the time of year when folks are trying to find the perfect gifts for their loved ones and are also thinking about their New Year’s Resolutions. Wouldn’t it be great if these could be combined into one? An old Saturday...more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

Winstead PC on

This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Warner Norcross + Judd

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

Warner Norcross + Judd on

No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023). In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more

Burns & Levinson LLP

Capacity and Estate Planning: What You Need to Know

Burns & Levinson LLP on

As our loved ones get older, we want to ensure that they have planned for their future. This often means having an estate plan in place to handle the distributions of their assets upon their passing or to plan for their...more

Winstead PC

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

Winstead PC on

​​​​​​​It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries: July 2022

McGuireWoods LLP on

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: ...more

McGuireWoods LLP

Virginia Supreme Court: Arbitration Clauses in Trusts Are Not Enforceable Against Beneficiaries

McGuireWoods LLP on

In Boyle v. Anderson, No. 210382 (Va. April 14, 2022), the Supreme Court of Virginia addressed an emerging topic in trusts and estates: whether a settlor can require that trustees and beneficiaries submit any disputes to...more

Winstead PC

Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys...

Winstead PC on

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

Freeman Law

Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries?

Freeman Law on

A fiduciary’s failure to disclose material facts to beneficiaries may violate their fiduciary duties.  A recent Texas court’s decision outlines the fiduciary’s risks that come with the obligation to disclose....more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on

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

Sands Anderson PC

The Tale of the Feuding Fiduciaries

Sands Anderson PC on

When two brothers appointed to serve as coexecutors of their mother’s estate can’t get along in fulfilling their jointly held duty, how does a Virginia court decide which one to remove? In the recent case of Galiotos v....more

Winstead PC

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

Winstead PC on

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

Burns & Levinson LLP

Powers of Appointment: Adding Flexibility to an Estate Plan

Burns & Levinson LLP on

The saga of the Smith and Alexander families continues with a discussion of powers of appointment and the implications of Johnny’s exercise of the limited power of appointment granted to him under his parents’ Family Trust....more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2020: Executors and trustees: The name game

Adler Pollock & Sheehan P.C. on

It’s important to name executors and trustees who can provide the necessary expertise in handling assets and duties. This article details the duties of an executor and a trustee. A sidebar explains the need to name successors...more

Winstead PC

Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The...

Winstead PC on

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

Winstead PC

Presentation - Texas Fiduciary Litigation Update: 2018-2019

Winstead PC on

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

Winstead PC

Presentation: The Use of Arbitration, Forum-Selection, Jury-Waiver Clauses in Trust & Estate Litigation

Winstead PC on

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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #207 – Digital Assets

Robinson+Cole Data Privacy + Security Insider on

I haven’t written about digital assets in a while and I was reminded of the importance of putting digital assets into your estate plan this week in a conversation with a colleague....more

McDermott Will & Emery

[Event] 2019 Trust & Estate Controversy Forum - September 18th-19th, Chicago, IL

McDermott Will & Emery on

McDermott Will & Emery invites you to attend our interactive trust and estate controversy program, which will focus on complex and multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

Farrell Fritz, P.C. on

An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

Downey Brand LLP

California Probate Administration Is No Time for Napping

Downey Brand LLP on

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

34 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide