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Court Holds That A “Gun Trust” Can Hold Other Assets

By David Fowler Johnson on March 21, 2019
Posted in Cases Decided, Texas Court of Appeals

In Estate of Keener, two heirs of a trust settlor filed an application to declare heirship. No. 13-18-00007-CV, 2019 Tex. App. LEXIS 1222 (Tex. App.—Corpus Christi February 21, 2019, no pet. history). The beneficiary of the trust filed a plea in intervention in the heirship proceeding, but the trial…

Court Holds That Trust No Longer Owned Vehicle Because It Allowed Beneficiary’s Wife To Drive It

By David Fowler Johnson on September 2, 2016
Posted in Cases Decided, Texas Court of Appeals

In In the Interest of H.D.V., a husband appealed from a bench trial in a divorce proceeding. No. 05-15-00421-CV, 2016 Tex. App. LEXIS 9520 (Tex. App.—Dallas August 26, 2016, no pet. history). His mother had set up a trust for him and funded it with various assets, including a…

Court Affirms Holding That A Trust Owns Stock That Was Issued To The Trustee In His Individual Capacity

By David Fowler Johnson on April 25, 2016
Posted in Cases Decided, Texas Court of Appeals

In Dutcher v. Dutcher-Phipps Crane & Rigging, Inc., a trust owned twenty percent of a family limited partnership that in turn owned a family business. No. 08-15-00202-CV, 2016 Tex. App. LEXIS 3809 (Tex. App.—El Paso 2016, no pet. history). The family business was converted from a C Corp to…

The Statute of Limitations for Bills of Review in Estate Cases Are Two Years

By David Fowler Johnson on October 2, 2015
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…

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