News & Analysis as of September 18, 2024

Appeals

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

Winstead PC on 6/30/2021

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

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

Winstead PC on 12/7/2020

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

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Estate Planning › Real Estate Transfers › Appeals

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

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

Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

Estate Planning › Real Estate Transfers › Appeals

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

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

Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

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