In Banister v. Banister, the trial court found that a wife breached her fiduciary duty to the husband, committed fraud on the community estate, and wasted community assets. No. 03-21-00517-CV, 2023 Tex. App. LEXIS 4063 (Tex. App.—Austin June 13, 2023, no pet. history). The evidence established the wife paid attorney’s fees for her paramour
Cases Decided
Court Affirmed Temporary Injunction Precluding A Surviving Spouse From Acting As Trustee Of A Trust
In Kirkland v. Kirkland, a husband and wife created a revocable trust. No. 02-22-00469-CV, 2023 Tex. App. LEXIS 3598 (Tex. App.—Fort Worth May 25, 2023, no pet. history). Upon the death of one of the spouses, the right to revoke the trust by the surviving spouse was limited. An individual was listed as the…
Court Granted Mandamus Relief To Vacate A Temporary Restraining Order In A Fiduciary Case
In In re Sanchez, a plaintiff filed suit against a defendant for (1) conspiracy; (2) fraud and conspiracy to commit fraud; (3) aiding and abetting/conspiracy; (4) breach of fiduciary duty; and (5) Texas Theft Liability Act Violation related to the property. No. 14-23-00169-CV, 2023 Tex. App. LEXIS 1746 (Tex. App.—Houston [14th Dist.] March 17…
Court Affirmed A Judgment That A Will Was Invalid Due To Mental Incapacity
In Mittelsted v. Meriwether, the decedent changed his will and beneficiary designations on bank accounts to leave everything to his half-brother. No. 14-21-00755-CV, 2023 Tex. App. LEXIS 1020 (Tex. App.—Houston February 16, 2023, no pet. history). The decedent’s sisters challenged these transactions for mental incompetence, and the jury found for the sisters. The half-brother…
Court Discusses Holding An Executor In Contempt For Commingling Property
In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No. 14-22-00274-CV, 2023 Tex. App. LEXIS 1014 (Tex. App.—Houston [14th Dist.] February 16, 2023, original proceeding). The executor filed…
Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property
In In re Estate of Montemayor, a buyer sued a seller regarding five real estate contracts. No. 09-21-00054-CV, 2023 Tex. App. LEXIS 1174 (Tex. App.—Beaumont May 13, 2022, no pet. history). The seller’s executor alleged that the contracts were not enforceable because the seller did not have mental capacity to execute them. The jury…
Court Reversed The Appointment Of A Successor Independent Administrator Of An Estate
In In re Estate of Allen, a trial court appointed a successor independent administrator, the decedent’s son, and the decedent’s wife appealed the decision. No. 08-21-00184-CV, 2022 Tex. App. LEXIS 8841 (Tex. App.—El Paso December 2, 2022, no pet. history). The court first discussed the distinction between a dependent and independent administration:
…The
Court Affirmed Removal Of An Administratrix For Gross Mismanagement
In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). After an accounting was submitted, heirs objected to the amount of the fees paid. The trial court removed the administratrix for…
Court Affirmed The Decision To Not Probate A Copy Of A Lost Will
In In re Est. of Brown, a charity attempted to probate a copy of a lost will. No. 01-19-00953-CV, 2022 Tex. App. LEXIS 9259 (Tex. App.—Houston [1st Dist.] December 20, 2022, no pet. history). The trial court denied the application, and the charity appealed. The court of appeals affirmed. The court first discussed the…
Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property
In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas December 13, 2022, no pet. history). Alan Lavern Bean was an astronaut during Apollo-era space programs. He owned 39 artifacts from his experience…