In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4, 2024, no pet. history). The trial court entered summary judgment for the defendant
Texas Court of Appeals
Court Affirmed The Trial Court’s Refusal To Probate A Will Due To The Statute Of Limitations
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Hartwell, a trial court granted summary judgment that the applicant to probate a will was not entitled to do so due to the statute of limitations. No. 06-23-00054-CV, 2024 Tex. App. LEXIS 166 (Tex. App.—Texarkana December 6, 2023, no pet. history). The decedent died…
Court Construed Holographic Will To Devise Certain Property To A Granddaughter
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Martinez, a son appealed an order finding that his mother’s holographic will devised certain property to his daughter. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet. history). The court of appeals affirmed. The court stated as follows concerning…
Court Held That Estate Beneficiary Was Not Entitled To Jury Trial On Ratification Of Attorney’s Fees Agreement
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Ellard, a court ratified an executor signing a contingency fee agreement that was over 35% under section 351.152 of the Estates Code. No. 05-22-01149-CV, 2024 Tex. App. LEXIS 483 (Tex. App.—Dallas January 25, 2024, no pet.). The estate beneficiary contested that agreement and requested…
Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, 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, 2023 Tex. App. LEXIS 5598 (Tex. App.—El…
Court Held That Deed For Common Area To Homeowners’ Association Did Not Create A Trust For The Members
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In BLF LLC v. Landing at Blanco Prop. Owners Ass’n, member of a home owners association sued to prevent the association from selling certain common area property. No. 03-22-00423-CV, 2023 Tex. App. LEXIS 9300 (Tex. App.—Austin December 13, 2023, no pet. history). Among other theories, the members alleged that…
Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust Was Terminated And A Disclaimer Was Effective, And Affirmed An Award Of Attorney’s Fees Against The Trustee And A Refusal To Allow A Trustee To Reimburse Herself From Trust Assets
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
Court Held That A Trust Terminated Upon The Primary Beneficiary’s Death And That The Trustee Did Not Have Authority To Accept New Assets As A Part Of Its “Winding Up” Authority
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Herbig v. Welch, a dispute arose around whether a trust terminated and whether certain transfers were valid. No. 01-22-00080-CV, 2023 Tex. App. LEXIS 4505 (Tex. App.—Houston [1st Dist.] June 27, 2023, no pet.). The parties disputed whether a trust terminated, whether a trustee had authority to accept transfers…
Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Wells, No. 12-23-00066-CV, 2023 Tex. App. LEXIS 8475 (Tex. App.—Tyler November 8, 2023, no pet. history). The testator left a will that created a trust for his wife and descendants, named his wife as the initial trustee, and granted the wife a power of…
Texas Court Approves Accounting In An Estate Dispute
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Many v. Ridgely, a decedent’s son and daughter were beneficiaries of her estate. No. 03-21-00520-CV, 2023 Tex. App. LEXIS 8189 (Tex. App.—Austin October 27, 2023, no pet. history). Six years after an initial accounting, the daughter, who was the executrix, filed an updated accounting, and the parties attended…