On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice allegedly given regarding loans from the retirement account. Linegar v. DLA Piper US,
Joseph Regan
When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home. No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.). Elvira, the deceased, lived in her home for over 20 years with her boyfriend, Garza. Elvira and Garza were named managing…
Court Holds that Disgorgement Award for Breach of Fiduciary Duty Was Neither Punitive Nor Excessive and that Exemplary Damages Were Reasonably Proportioned to Damages
By Joseph Regan on
Posted in Cases Decided
A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers, Inc., Snodgrass and Swinnea owned equal interests in ERI, a small consulting company that managed asbestos abatement…
Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust
By Joseph Regan on
Posted in Texas Supreme Court
On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar brought fraud and legal malpractice claims…
Court Concludes Spouses’ Joint Will Was a Contractual Will and Imposes Constructive Trust to Enforce Terms of Joint Will
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Pursley, a husband and wife (Harold Sr. and Mildred) with three children executed a joint will in 1975 that provided the survivor would take the entire estate “to be used, occupied, enjoyed, conveyed and expended by and during the life of such survivor, as such survivor…
Court Determines Litigants Were Not “Interested Persons” Under Trust Code and Had No Standing to Set Aside Order Appointing Successor Trustee
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Gonzalez v. De Leon, two sisters (Josefina and Delfina), as part of a family estate plan, transferred certain real property to a limited partnership, formed other limited partnerships to manage and develop the property, and formed a limited liability company to act as general partner of the limited…
Court Dissolves Temporary Injunction That Prevented Actions by Trustee, But Affirms Appointment of Temporary Co-Receivers Over Trust Assets
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Benson, a beneficiary of a trust sought to remove the trustee, her father, for allegedly violating his fiduciary duties in administering the trust assets. No. 04-15-00087-CV, 2015 Tex. App. LEXIS 9477 (Tex. App.—San Antonio Sept. 9, 2015, no pet. h.). The trustee’s relationship with the beneficiary…