In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025 Tex. App. LEXIS 4958 (Tex. App.—Houston [14th Dist.] July 15, 2025, orig. proceeding). The court of appeals held that only
David Fowler Johnson
Court Held That A Will Devised Real Property In Fee Simple And Not In A Life Estate Where There Was No Residuary Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No. 24-0778, 2026 Tex. LEXIS 121 (Tex. February 13, 2026). On September 5…
Court Holds That A Trust Should Be Construed Under Connecticut Law Due To A Choice-Of-Law Clause And Reverses the Dismissal of Modification And Disclosure Claims
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Posted in Cases Decided, Texas Court of Appeals
Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had The Authority To Create A Trust And Transfer Assets Into It
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Posted in Cases Decided, Texas Court of Appeals
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.). In December 2023, Kenneth’s daughters filed for temporary guardianship of Kenneth, which was granted. In July…
The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual Claims Against The Trust’s Manager
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder rights and designated Maryland as the exclusive forum for…
Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had Standing To Assert Breach Of Duty Claims
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Posted in Cases Decided, Texas Court of Appeals
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no pet.). Plaintiffs allege that the uncles conveyed trust property to themselves and their wives…
Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending
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Posted in Cases Decided, Texas Court of Appeals
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate while the estate’s administration is ongoing. No. 13-23-00464-CV, 2025 Tex. App. LEXIS 2946…
Court Holds That Residuary Bequest Lapsed And Assets Should Go To The Heir At Law
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Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Edward Long, the primary legal issue concerned the interpretation of a will, specifically whether the residuary clause—which bequeathed the residue of the estate to certain trusts for the decedent’s brothers—remained effective at the time of the decedent’s death. No. 06-24-00064-CV, 2025 Tex. App. LEXIS…
Court Holds That Step Children Did Not Owe Informal Fiduciary Duties To Their Step Father And There Was No Formal Fiduciary Relationship
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re In the Est. of Booth, Bill and Doris were married in 1991 and had separate and joint accounts, No. 02-24-00056-CV, 2025 Tex. App. LEXIS 2666 (Tex. App.—Fort Worth April 17, 2025, no pet.). In 2009, Bill transferred funds from his separate account into Doris’s separate account.