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
David Fowler Johnson
Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending
By David Fowler Johnson on
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
By David Fowler Johnson on
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.
Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury Trial In Trustee Removal Actions
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment of several of his family members. Two of his brothers…
Court Dismissed Appeal From Interim Trust Orders Because It Lacked Jurisdiction
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In White v. White, an income beneficiary of a trust was retained to manage ranch property. No. 08-23-00244-CV, 2024 Tex. App. LEXIS 8896 (Tex. App.—El Paso December 19, 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment of several of his…
Court Affirmed An Order Removing A Trustee
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin December 20, 2024, no pet.). When the settlor died, Richey took over as…
Court Affirmed A Probate Court’s Granting Of Plea To The Jurisdiction Based On The Estate Beneficiaries’ Lack Of Standing
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Est. of Smith, the beneficiaries of an estate filed claims that the decedent was mentally incompetent when she deeded her residence to her grandson and granddaughter-in-law. No. 02-24-00175-CV, 2024 Tex. App. LEXIS 8272 (Tex. App.—Fort Worth November 27, 2024, no pet.). The executor of the estate never raised this…
Texas Supreme Court Addresses Informal Fiduciary Relationships and The Fiduciary Duties Owed By Accountants
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business. 709 S.W.3d 517 (Tex. 2025). The central legal issue involved the “anti-fracturing rule” developed by Texas courts…
Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.). Over several years, the account lost most of its worth, and the client sued the advisor for breach of…