News & Analysis as of June 27, 2025

Executors

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Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on 6/26/2025

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

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

Winstead PC on 9/20/2018

In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Executor’s Duties Before Receiving Letters

Farrell Fritz, P.C. on 2/6/2017

A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized...more

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Probate › Summary Judgment › Executors

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

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

Executor’s Duties Before Receiving Letters

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