In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into a family trust. No. 08-23-00146-CV, 2024 Tex. App. LEXIS 2240 (Tex. App.—El…

In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet.).

David F. Johnson, lead writer for The Fiduciary Litigator blog, discusses recent Texas precedent on trust and estate issues, including parties rights to jury trial in trust disputes, standards for modifying trusts, remedies for breach of trust, use of a power of attorney document to modify a trust, evidence to…

In In re Mason, a trial court entered a discovery order requiring a defendant, who was an executor and trustee, to produce documents and information to the plaintiffs, his children. No. 12-24-00023-CV, 2024 Tex. App. LEXIS 2496 (Tex. App.—Tyler April 10, 2024, original proc.). The defendant filed a petition…

In Covenant Clearinghouse, LLC v. Kush & Krishna LLC, there was a prior judgment that the plaintiff did not owe the defendant a transfer fee. No. 14-23-00092-CV, 2024 Tex. App. LEXIS 2793 (Tex. App.—Houston [14th Dist.] April 23, 2024, no pet.). The defendant filed a second suit under a…

David F. Johnson, lead writer for The Fiduciary Litigator blog, presents the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation covers the Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and criminal statutes.

Who should…

In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18, 2024, no pet. history). After the wife became incapacitated, the husband amended the…

In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024 Tex. App. LEXIS 5033 (Tex. App.—Austin July 18, 2024, no pet. history). The…