In In re Est. of McCulloch, David McCulloch died August 14, 2022, with a pour-over will leaving all property to the David and Vicki McCulloch Trust. No. 02-25-00036-CV, 2026 Tex. App. LEXIS 2094 (Tex. App.—Fort Worth March 5, 2026, no pet.). Vicki McCulloch, surviving co-trustee, amended the trust September
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Court Dismissed Appeal After No Person Accepted The Position Of Representative Of The Estate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Criswell v. Polk, Catherine Polk sued Dolores Sharp over Houston real property ownership. No. 01-22-00428-CV, 2026 Tex. App. LEXIS 2290 (Tex. App.—Houston [1st Dist.] March 12, 2026, no pet.). The probate court granted partial summary judgment for Polk, vesting title in Angel’s estate. Sharp then died during the…
Court Reverses Jurisdictional Challenge In A Will Contest Where There Was A Fact Question On Whether A Prior Will Would Be Admitted And Whether The Decedent Would Be Intestate
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Est. of Corbett, Robert William Corbett died on November 26, 2016, unmarried and without children. No. 14-24-00922-CV, 2025 Tex. App. LEXIS 9380 (Tex. App.—Houston [14th Dist.] December 9, 2025, no pet.). Robert’s 2016 will bequeathed his residue estate to his maternal aunt, Willie Lee Bell Lambert…
The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual Claims Against The Trust’s Manager
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder rights and designated Maryland as the exclusive forum for…
Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate while the estate’s administration is ongoing. No. 13-23-00464-CV, 2025 Tex. App. LEXIS 2946…
Court Held That Non-Attorney Executor Could Not Appeal An Order
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed). The executrix filed an appeal, and the court of appeals dismissed the appeal. The court…
Court Holds That Contingent Remainder Beneficiary Has Standing To Sue Trustee For Breach Of Fiduciary Duty
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
…We conclude that James is within
Court Had Jurisdiction To Determine Claims Involving Non-Probate Assets
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet. history). The trial court ruled for the executrix, and the other parties appealed asserting…
Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No. 14-23-00131-CV, 2024 Tex. App. LEXIS 3208 (Tex. App.—Houston [14th Dist.] May 9, 2024…
Texas Supreme Court Justice Authors Opinion Arguing That Claim Regarding Contingent Remainder Beneficiary Status Was Ripe
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Ackers v. Comerica Bank & Trust, N.A., a life-time beneficiary of a trust filed a claim for a declaration regarding whether certain contingent remainder beneficiaries were beneficiaries. No. 21-0233, 2022 Tex. LEXIS 997 (Tex. October 28, 2022)(Busby, J., Concurring). The trial court ruled that the claim was not…