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
Cases Decided
Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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 Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate Court
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
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, including, incredibly, directing the trustees to ignore…
Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024). The trial court granted that relief. The court of appeals reversed, holding…