In McEndree v. Volke, a beneficiary sued a trustee, her former step father, for breaching fiduciary duties. No. 11-19-00351-CV, 2021 Tex. App. LEXIS 7856 (Tex. App.—Eastland September 23, 2021, no pet. history). The trust was to hold Social Security Administration benefits. Though the trust was created in 1997, the beneficiary was not aware of it until 2016 because the trustee never told her about it, never made a distribution, and never provided any accounting information. The beneficiary filed a traditional motion for summary judgment based on deemed admissions and on the affidavit. The trial court granted the motion, and the trustee appealed. The court of appeals reversed, holding that the beneficiary did not meet her summary judgment burden of proof.
February 2022
Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Flores v. Branscomb PC, before her death, the decedent hired counsel to prepare a new will. No. 13-18-00411-CV, 2021 Tex. App. LEXIS 4612 (Tex. App.—Corpus Christi June 10, 2021, no pet. history). The new will would have named the decedent’s granddaughter as her executor and as a beneficiary. The decedent died before signing the new will, and the granddaughter sued the decedent’s attorneys for malpractice. The attorneys filed a motion for summary judgment, arguing that they owed no duty to the granddaughter. The trial court granted the summary judgment, and the granddaughter appealed.