The Texas Legislature created a statute to protect parties’ rights to freedom of speech and to petition the courts: the Texas Citizen’s Participation Act (TCPA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-.011. The TCPA’s purpose is “to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and
Texas Court of Appeals
Court Holds That TCPA Does Not Apply To Claim Involving Beneficiaries Opposing A Trustee’s Decision To Bring Claims Against Third Parties
In McCoy v. McCoy, trust beneficiaries (daughters) sued the trustee (father) for maintaining a claim against a third party (mother) after they notified him of their opposition under section 113.028 of the Texas Trust Code. No. 08-23-00119-CV, 2023 Tex. App. LEXIS 6604 (Tex. App.—El Paso August 25, 2023, no pet. history). The trustee moved…
Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust
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. No. 08-18-00074-CV, 2019 Tex. App. LEXIS 7838 (Tex. App.—El Paso August 28…
Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief
In Moody Nat’l Bank v. Moody, a beneficiary sued a trustee regarding several allegations of breach of fiduciary duty. No. 14-21-00096-CV, 2022 Tex. App. LEXIS 7844 (Tex. App.—Houston [14th Dist.] October 25, 2022, pet. filed). Six months later, the beneficiary sought a receivership, and the trial court granted same. The trustee appealed the order…
Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will
In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex. App.—Austin June 23, 2023, no pet. history). The wife filed an opposition…
Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined
In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and for a declaratory judgment action in which she requested the trial court to declare that the residuary clause of the will admitted lapsed and…
Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined
In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and a cause of action for a declaratory judgment action in which she requested the trial court to declare (a) that the residuary clause of…
Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee
In Ahlgren v. Ahlgren, plaintiffs sued a defendant alleging that the defendant was a trustee of an oral trust who breached duties by refusing to return certain property. No. 13-22-00029-CV, 2023 Tex. App. LEXIS 4182 (Tex. App.—Corpus Christi – Edinburg, June 15, 2023, no pet. history). After the trial court entered judgment for the…
Court Affirms Order Voiding Marriage Between Decedent And His Niece
In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469 (Tex. App.—Houston [14th Dist.] May 23, 2023, no pet. history). The plaintiff filed a…
Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty
In In re Guardianship of Delp, a brother sued his sister over her actions as their mother’s power of attorney agent. No. 02-22-00300-CV, 2023 Tex. App. LEXIS 3617 (Tex. App.—Fort Worth May 25, 2023, no pet. history). The daughter had been living in her mother’s home rent free. She arranged for her mother to…