News & Analysis as of

Executors

Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege

by Winstead PC on

In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding). ...more

Did You Choose the Right Executor?

Selecting the right executor to manage your estate is critical. Administering an estate is a difficult and sometimes frustrating process....more

Should an Estate or Trust Operate a Decedent’s Family-Owned Business?

by Murtha Cullina on

When a business owner dies, his or her ownership interests often become part of a probate estate or are transferred to one or more trusts in order to continue the operations of the business. But sometimes the decedent’s...more

Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That...

by Winstead PC on

In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a removal action and/or...more

Executor Can Swing Away at an Omitted Spouse Petition

by Downey Brand LLP on

Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of...more

Court Reverses Jury Verdict And Holds That Trustor Could Not Revoke Trust

by Winstead PC on

In Coyle v. Jones, two sisters fought over the whether $197,000 belonged to their mother’s estate or to a trust. No. 05-16-00876-CV, 2017 Tex. App. LEXIS 11173 (Tex. App.—Dallas November 30, 2017, no pet. history). ...more

The Role of the Commissioner of Accounts in Virginia Estate and Trust Administration

by LeClairRyan on

People typically picture the probate process going something like this: a person dies, you find their will, you take the will to the courthouse, the executor pays the debts, and then the executor distributes the assets. Of...more

After a Loved One Passes: Six Important Steps to Know

The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the executor of your deceased family member or friend’s estate. ...more

Undisclosed Foreign Accounts, Part II

by Moskowitz LLP on

The executor of a decedent’s estate has a duty to act in a prudent manner and in accordance with the law. At times, this may result in having to take an unpopular position or action that angers the beneficiaries....more

Undisclosed Foreign Accounts

by Moskowitz LLP on

Serving as Executor can at times be more of a headache than an honor. On top of a pile of paperwork and dealing with a multitude of family issues, you can be sued!...more

Spare Your Heirs the Guitar Man’s Fate: Three Tips for an Estate Plan That Silences Arguments Over Family Heirlooms

When Grateful Dead front man Jerry Garcia died in 1995, he left his custom guitars to the man who made them. But Douglas Irwin, who built the guitars known as Eagle, Wolf, Tiger, Wolf Jr. and Rosebud, ran into opposition...more

Estate Planning Pitfall - You chose your executor too hastily

Haste makes waste. Or, in the case of estate planning, it can lead to other problems and, possibly, financial loss. Notably, if you don’t take enough time to choose the executor for your estate, the “wrong call” can cost your...more

The Wrong Estate Executor Can Make Family Drama Worse, As Jerry Garcia’s Heirs Discovered

When Grateful Dead legend Jerry Garcia died of a heart attack in 1995 at age 53, he left his assets to his third wife, three daughters by two ex-wives, a fourth daughter by a former girlfriend, and a step-daughter, among...more

Insight on Estate Planning - October/November 2017

In This Issue: - Social Security benefits When is the right time to begin receiving payments? - Planning ahead after a divorce - ABLE accounts benefit disabled family members - Estate planning pitfall: You chose...more

What is an Estate Executor’s Role?

Often when a person is appointed to serve as the executor (if there was a will) or administrator (if there was not a will) of a family member or friend’s estate they have not had experience with the role or process. This post...more

Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute

by Winstead PC on

In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012...more

If It’s Not In The Will, Does It Matter What The Testator Wants?

If you want someone to get your money or property when you die, why don’t you just say so? The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or...more

Would You Take on a Job if the IRS Had Discretion to Decide Whether You Got Paid?

by Charles (Chuck) Rubin on

Raelinn Spiekhout was the personal representative of the estate of Deborah Scott. The estate was subject to claims of over $1.8 million dollars, including IRS claims for $591,406.05. The principal asset of the estate was real...more

Need Another Reason To Avoid Mixing Family & Finances?

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

Forcing the Production of Information in Probate Litigation When You Have Been Disinherited

by Reminger Co., LPA on

Can a disinherited person force the production of information necessary to substantiate the efforts required to pursue a challenge to a Will, beneficiary designation, or Trust? Isolation and manipulation of a loved one by...more

Courts Hold That Fiduciaries Waived Complaints About Trial Court Orders

by Winstead PC on

In In re Estate of Roach, a trial court removed an executor for multiple grounds, including: (1) Texas Estates Code Section 404.0035(b)(5), which authorizes removal when an independent executor becomes incapable of properly...more

On Its Own Motion

by Farrell Fritz, P.C. on

While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory...more

Estate planning during divorce: It’s never too early to start

by Thompson Coburn LLP on

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse...more

Privacy Perils: The Untimely Death of Digital Data

by Bass, Berry & Sims PLC on

Many people have thoughtfully gathered information on the location of their bank accounts, deeds, lock boxes, safe combination, car title (and keys), investment accounts, check books, and other assets to make handling their...more

Court Enforces Release Agreement Between Trustees/Executors and A Beneficiary

by Winstead PC on

In Harrison v. Harrison Interests, a beneficiary of an estate and multiple trusts had a dispute with the executors and trustees. No. 14-15-00348-CV, 2017 Tex. App. LEXIS 1677 (Tex. App.—Houston [14th Dist.] February 28, 2017,...more

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