In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No. 14-22-00274-CV, 2023 Tex. App.
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Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property
In In re Estate of Montemayor, a buyer sued a seller regarding five real estate contracts. No. 09-21-00054-CV, 2023 Tex. App. LEXIS 1174 (Tex. App.—Beaumont May 13, 2022, no pet. history). The seller’s executor alleged that the contracts were not
Presentation: Trust Issues in Divorce Proceedings
David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce proceedings, including trust
Presentation – The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery
David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April 24, 2023, in Miami, Florida, with
Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not Impact Trust And Estate Disputes
The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a trustee for failing to provide an accounting and otherwise breaching fiduciary duties.
Presentation —When One Is Not Enough: Dividing Fiduciary Powers and Dispositions
Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on April 20, 2023, in Lake Tahoe, California,
Court Reversed The Appointment Of A Successor Independent Administrator Of An Estate
In In re Estate of Allen, a trial court appointed a successor independent administrator, the decedent’s son, and the decedent’s wife appealed the decision. No. 08-21-00184-CV, 2022 Tex. App. LEXIS 8841 (Tex. App.—El Paso December 2, 2022, no pet. history).
Court Affirmed Removal Of An Administratrix For Gross Mismanagement
In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). After an accounting was submitted, heirs objected
Investment Diligence: Why Your Delaware Partnership Agreement Means What It Says
As a litigator, I regularly encounter clients who have invested in a limited partnership and are outraged at the actions of the general partner and its principals. Most of the time, they believe the general partner has mismanaged the partnership.
Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims And Discusses the “Full Knowledge” Requirement For Enforcing Releases In Fiduciary Relationships
In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285 (Tex. March 23, 2023). After the settlement agreement was executed, one of the parties