In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the will or the will was the result of undue influence. No. 05-16-00126-CV, 2016 Tex. App.
bill of review
Court Grants Mandamus Relief To Void Order Naming An Executor More Than Three Years After Admitting Will To Probate As A Muniment Of Title
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Squyres, in 2012, Baker filed with the probate court an application to probate a will as a muniment of title. No. 01-16-00236-CV, 2016 Tex. App. LEXIS 8509 (Tex. App.—Houston [1st Dist.] August 9, 2016, no pet. history). The probate court signed an order admitting the will…
Court Determines Litigants Were Not “Interested Persons” Under Trust Code and Had No Standing to Set Aside Order Appointing Successor Trustee
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Gonzalez v. De Leon, two sisters (Josefina and Delfina), as part of a family estate plan, transferred certain real property to a limited partnership, formed other limited partnerships to manage and develop the property, and formed a limited liability company to act as general partner of the limited…
The Statute of Limitations for Bills of Review in Estate Cases Are Two Years
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of…