In In re Estate of Kam, an elderly man executed a new will to omit any gift to one son after the man discovered that his life insurance had been altered to name his son as the sole beneficiary. No. 08-14-00016-CV, 2016 Tex. App. LEXIS 2070 (Tex. App.—El Paso
will contest
A Trustee Can Be Liable For a Non-Negligent Mistake
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Boylan, a father died in 2006 and named his son Cooper as executor. No. 02-14-00170-CV, 2015 Tex. App. LEXIS 1427 (Tex. App.—Fort Worth February 12, 2015, no pet. hist.). His other son Lonnie opposed an application to probate the father’s will due to alleged…
A Beneficiary Can Seek to Remove an Executor or Trustee Without Triggering a No-Contest Clause
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought temporary injunctive relief and also sought a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex. App.—Fort Worth August 20, 2015, no pet. history). The trial court granted a summary…