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In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of…
Latest from the Knowledge Library
David F. Johnson co-presented with Kenneth J. Fair on the topic of “Ethics in Estate Planning, Probate, and Trust Administration”…
Presentation: Parting is Such Sweet Sorrow – Issues Arising From Trust Termination and Trustee Succession in Texas
David F. Johnson presented “Parting is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession in Texas,” to…
What is an Amicus Brief
The main purpose of an amicus brief is to call the court’s attention to some aspect of substantive or procedural law that is raised in the case. Typically, an amicus party will write on the “big picture” aspects of an issue.
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Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex.
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio…
Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property
In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no…
Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The Decedent’s Death
In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm…
Does a Trustee Have A Duty to Investigate Whether the Trust Document is Valid?
Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever…
Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So
In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21…
Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust
The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory…
Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction
In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App.
Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order
In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and…