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, and however, they please. However, there are instances where individuals have signed documents where they do not have the mental
David Fowler Johnson
Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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, 2024, no pet. history). The son alleged that on May 7, 2007, the mother executed a holographic will (2007 will)…
Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust
By David Fowler Johnson on
Posted in Texas Supreme Court
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 agreement with an entity and gave it authority to manage corporate assets. One of the trust’s shareholders sued the advisor…
Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet. history). The order: (1) appoints a temporary dependent administrator pending…
Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
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 voiding the sale of an estate asset to the third party. No. 05-23-00087-CV, 2024 Tex. App. LEXIS 7635 (Tex. App.—Dallas…
Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate Court
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly, directing the trustees to ignore…
Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not Have Jurisdiction Over The Defensive Allegations Concerning The Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no pet. history). Contestants filed their opposition to the will, asserting that the…
Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined In Arbitration
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex. App—Fort Worth 2024, pet. filed). The trial court held that the capacity issues should be resolved by…