News & Analysis as of September 25, 2024

Beneficiaries

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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 -

Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims

Winstead PC on 6/17/2021

In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the trustee and the former trustee’s estate. No. 14-19-00387-CV, 2021 Tex. App. LEXIS 1955 (Tex. App.—Houston March 16, 2021,...more

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

Winstead PC on 2/3/2020

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

Don’t Rely on a Post-It® Note to Amend Your California Trust

Downey Brand LLP on 11/4/2019

A key feature of a California revocable trust is that it can be amended. Revising a trust can, however, seem like an irksome chore so it’s common for creators of trusts (i.e., “settlors” or “trustors”) to shrug off an...more

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

Winstead PC on 4/15/2019

In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more

Chris Lazarini Discusses Resolution for Competing Demands for Decedent’s Assets

Bass, Berry & Sims PLC on 3/20/2019

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which a brokerage firm filed a complaint for interpleader seeking judicial resolution of a challenge to a deceased client’s assets. Upon the client’s death, the...more

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