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co-trustee management

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Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

By David Fowler Johnson on September 1, 2024
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…

Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy

By David Fowler Johnson on March 18, 2024
Posted in Federal Cases

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, 2023). There was an earlier dispute, which was settled resulting in a mediated settlement. The co-trustees asserted two general types…

Texas Supreme Court To Review Joinder Issue In A Trust Dispute

By David Fowler Johnson on December 19, 2023
Posted in Texas Supreme Court

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 stock from the trust to her personal trust and then sold the stock to her sons. 651 S.W.3d 588 (Tex.

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The Fiduciary Litigator provides important legal news, updates on recently decided and pending case precedent, and commentary to directors, officers, managers, in-house counsel, and other legal officers who serve the financial services industry.

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