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revocable trust

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Court Affirmed Temporary Injunction Precluding A Surviving Spouse From Acting As Trustee Of A Trust

By David Fowler Johnson on August 14, 2023
Posted in Cases Decided, Texas Court of Appeals

In Kirkland v. Kirkland, a husband and wife created a revocable trust. No. 02-22-00469-CV, 2023 Tex. App. LEXIS 3598 (Tex. App.—Fort Worth May 25, 2023, no pet. history). Upon the death of one of the spouses, the right to revoke the trust by the surviving spouse was limited. An…

Court Reverses Jury Verdict And Holds That Trustor Could Not Revoke Trust

By David Fowler Johnson on January 21, 2018
Posted in Cases Decided, Texas Court of Appeals

In Coyle v. Jones, two sisters fought over the whether $197,000 belonged to their mother’s estate or to a trust. No. 05-16-00876-CV, 2017 Tex. App. LEXIS 11173 (Tex. App.—Dallas November 30, 2017, no pet. history). A trustor and her husband formed a revocable trust that stated: “At any time…

Court Reversed Transfer Of Residence To Revocable Trust Due To Pre-Marital Agreement

By David Fowler Johnson on October 26, 2015
Posted in Cases Decided, Texas Court of Appeals

In In the Estate of Loftis, a husband and wife entered into a pre-marital agreement. No. 07-14-00135-CV, 2015 Tex. App. LEXIS 10940 (Tex. App.—Amarillo October 23, 2015, no pet. history).  After their marriage, they lived in a residence that was the husband’s separate property.  He then executed a will,…

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