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In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20…
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WEBINAR (September 26): “Issues Regarding the Attorney-Client Privilege for Trustees in Texas. ” David F. Johnson, lead writer for…
David F. Johnson will address the complex issues surrounding a trustee’s duty to disclose and will compare Texas law and…
What is an Amicus Brief
The main purpose of an amicus brief is to call the court’s attention to some aspect of substantive or procedural law that is raised in the case. Typically, an amicus party will write on the “big picture” aspects of an issue.
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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
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
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.]…
Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations
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…
Watch Shareholder David F. Johnson address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for…
Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?
Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what…
In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred…
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).
Texas Court Holds That Venue Is Appropriate In County Where The Trustee Resided Under The Texas Trust Code, Which Trumps Other Venue Statutes
In Parker v. Filip, a trust owned a limited partnership interest and the partnership owned real property in Fayette County, Texas. No. 14-23-00372-CV, 2023 Tex. App. LEXIS 6976 (Tex.
Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes Irrevocable
In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456…