In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App. LEXIS 9640 (Tex. App.—Houston [14th
Latest from The Fiduciary Litigator - Page 2
Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations
In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4, 2024, no pet.…
Court Affirmed The Trial Court’s Refusal To Probate A Will Due To The Statute Of Limitations
In In re Est. of Hartwell, a trial court granted summary judgment that the applicant to probate a will was not entitled to do so due to the statute of limitations. No. 06-23-00054-CV, 2024 Tex. App. LEXIS 166 (Tex. App.—Texarkana…
Presentation: Trustee’s Ability To Retain And Compensate Attorneys In Texas
David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas. This presentation addressed the…
Court Construed Holographic Will To Devise Certain Property To A Granddaughter
In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet. history). The…
Court Held That Estate Beneficiary Was Not Entitled To Jury Trial On Ratification Of Attorney’s Fees Agreement
In In re Est. of Ellard, a court ratified an executor signing a contingency fee agreement that was over 35% under section 351.152 of the Estates Code. No. 05-22-01149-CV, 2024 Tex. App. LEXIS 483 (Tex. App.—Dallas January 25, 2024, no…
Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other modifications.…
Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy
In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023). There was an earlier dispute, which was settled resulting in…
Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members
In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex. App.—Austin December 13, 2023, no…
David Johnson Receives the 2024 JD Supra’s Readers’ Choice Award – Top Author in Wealth Management
By Winstead
David Fowler Johnson, Managing Shareholder of Winstead’s Fort Worth office and the lead writer for The Fiduciary Litigator blog, was awarded the JDSupra Readers’ Choice Award for Top Author in Wealth Management. In addition, Winstead was also named in the…
