In In re Cousins, a trustee filed a mandamus proceeding to challenge a trial court’s order denying his motion to pay his attorney’s fees from the trust. No. 12-18-00104-CV, 2018 Tex. App. LEXIS 3930 (Tex. App.—Tyler May 31, 2018, original proceeding). A co-trustee sued the other co-trustee for a
reimbursement
A Party Should Seek Attorney’s Fees in Proceeding Where They Are Incurred
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Lesikar v. Moon, a trustee personally paid $750,000 in attorney’s fees for a trust in the course of litigation. No. 01-12-00406-CV, 2014 Tex. App. LEXIS 10041 (Tex. App.—Houston [1st Dist.] September 4, 2014, no pet.). After that suit was resolved, the trustee filed a second suit to obtain…
A Trustee Can Generally Pay Attorney’s Fees Out of a Trust in Defending the Trustee’s Conduct
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In the Guardianship of Hollis, a special needs trust’s trustee used $67,000 to build a pool on the beneficiary’s parent’s property. No. 14-13-00659-CV, 2014 Tex. App. LEXIS 12038 (Tex. App.—Houston [14th Dist.] November 4, 2014, no pet.). The trial court ordered show cause hearings to determine the appropriateness of…