The Texas Supreme Court has the opportunity to accept a petition for review in an important case dealing with a spendthrift trust, trustee capacity, and trustee due process rights. In Allison v. Borunda, P.C., siblings Caroline and Richard Allison (“Siblings”) hired attorneys on contingent fee agreements to investigate their
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to the testator’s daughter and his brothers’ trusts. The Supreme Court will review what evidence is admissible to determine a
Presentation: Top Trust and Estate Issues the Texas Supreme Court Should Address
David F. Johnson presented his paper “Top Trust and Estate Issues the Texas Supreme Court Should Address” to the State Bar of Texas’s 50th Annual Advanced Estate Planning and Probate Course in Frisco, Texas, on June 3, 2026. David discussed the right to jury trials in trust proceedings, jurisdiction over
Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments
In In re Est. of Lopez, Guadalupe Lopez, Jr. applied for independent administration and heirship determination after his father’s death. 724 S.W.3d 847 (Tex. 2025). Gonzalez filed a petition claiming to be Lopez Senior’s common-law wife. At trial, the court allowed former judge Alicia York to testify as an expert
Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent
Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No. 24-0778, 2026 Tex. LEXIS 121 (Tex. February 13, 2026). On September 5
The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual Claims Against The Trust’s Manager
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder rights and designated Maryland as the exclusive forum for
Texas Supreme Court Addresses Informal Fiduciary Relationships and The Fiduciary Duties Owed By Accountants
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
Texas Supreme Court Holds That Executor Who Is Also The Sole Beneficiary Of The Estate Can Represent The Estate Pro Se
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’ divorce decree and property distribution. While her appeal was pending in the
Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust
The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority to manage corporate assets. One of the trust’s shareholders sued the advisor