OCC Announces That It Will Consider Rule Changes On Fiduciary Capacity and...
The OCC recently issued an advance notice of proposed rulemaking (ANPR) regarding the scope of activities that are fiduciary in nature, as well as the requirements of non-fiduciary custody activities...
View ArticleBreach Of Fiduciary Duty Claim Against Trustee Based On Self-Dealing Real...
In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. No. 12-17-00234-CV, 2019 Tex. App. LEXIS 1665 (Tex. App.—Tyler March 5, 2019, no pet. history). In...
View ArticleTrial Court Had Jurisdiction To Appoint A Temporary Administrator After A...
In Chabot v. Estate of Sullivan, the decedent’s attorney probated a holographic will as a muniment of title. No. 03-17-00865-CV, 2019 Tex. App. LEXIS 2145 (Tex. App.—Austin March 20, 2019, no pet.). A...
View ArticleFederal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm...
In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019). Upon her death, the...
View ArticleCodicil Was Properly Rejected Because It Did Not Adequately Refer To Last...
In In the Estate of Hargrove, two daughters offered their mother’s last will and testament dated in 2017 for probate. No. 04-18-00355-CV, 2019 Tex. App. LEXIS 1703 (Tex. App.—San Antonio March 6, 2019,...
View ArticleCourt Affirms Finding Of Undue Influence Regarding Execution Of Will
In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). She died...
View ArticleCourt Held That Heirs Had Standing To Participate In Estate Even After They...
In In re Estate of Daniels, after the decedent’s death, his wife and his other heirs filed competing applications for independent administration of his estate. No. 06-18-00049-CV, 2019 Tex. App. LEXIS...
View ArticleTexas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will
I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000). The Texas Supreme...
View ArticleIn A Trust Case, A Court Affirms Judgment Against A Beneficiary/Limited...
In Marshall v. Ribosome L.P., a beneficiary of a trust sued a limited partnership of which the trustee was a partner. No. 01-18-00108-CV, 2019 Tex. App. LEXIS 3787 (Tex. App.—Houston [1st Dist.] May 9,...
View ArticleFifth Circuit Affirmed Judgment Against A Company’s Former Officer For Breach...
In Ebert v. Dejoria (In re Latitude Sols., Inc.), a bankruptcy trustee sued a company’s former officers for breach of fiduciary duty. No. 18-10382, 2019 U.S. App. LEXIS 13060 (5th Cir. April 30, 2019)....
View ArticleTexas Supreme Court Holds That Contractual Clauses That Waive The Statute Of...
In Godoy v. Wells Fargo Bank, N.A., a bank sued a guarantor to recover on a deficiency following a foreclosure sale. No. 18-0071, 2019 Tex. LEXIS 443 (Tex. May 10, 2019). The defendant guarantor...
View ArticleClik here to view.
Recorded Webinar – Trustee Quandary: Criminal Acts By Beneficiaries With Or...
Recorded Webinar David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses rising drug abuse issues and the possibility that a beneficiary of a trust may commit criminal...
View ArticleFederal District Court Holds That A Former Director Of Nonprofit Did Not Have...
In Garcia v. Communities in Schools of Brazoria County, a director sued a nonprofit’s board for breach of fiduciary duty arising from his removal. 2019 U.S. Dist. LEXIS 97017 (S. D. Tex. June 10,...
View ArticleEstate Representative May Not Need To Post A Bond To Supersede A Judgment in...
In Wheatley v. Farley, a trial court entered an order awarding relief to both parties, and both parties appealed. No. 08-18-00106-CV, 2019 Tex. App. LEXIS 4626 (Tex. App.—El Paso June 5, 2019, no pet....
View ArticleBecause Fraud By Nondisclosure Cannot Occur After A Transaction Is...
In CLC Roofing v. Helzer, a roofer purchased shingles from a seller and stored them on the seller’s property. No. 02-17-00229-CV, 2019 Tex. App. LEXIS 5927 (Tex. App.—Fort Worth July 11, 2019, no pet....
View ArticleIn A Suit To Reform A Trust, A Texas Court Holds That There Was A Fact Issue...
In In re Ignacio G. & Myra A. Gonzales Trust, a couple formed a trust and named their daughter as the trustee. No. 06-19-00014-CV, 2019 Tex. App. LEXIS 4648 (Tex. App.—Texarkana June 6, 2019, no...
View ArticlePresentation: Temporary Injunctive Relief in Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Temporary Injunctive Relief in Texas” to the State Bar of Texas’s Advanced Civil Trial Course in San...
View ArticleTexas Court Concludes There Was A Fact Question As To Whether A Hand-Written...
In In re Estate of Silverman, a trial court granted a will contestant’s summary judgment and denied a handwritten document’s admission to probate as the last will of the decedent. No. 14-18-00256-CV,...
View ArticleTexas Court Held That A Trust Beneficiary Could Raise A Claim Against A...
In the Estate of Gibbs, Bell transferred money to Gibbs for the purchase of real property and a trust agreement was executed that clarified that they owned the property equally. No. 02-18-00086-CV,...
View ArticleCourt Holds That The Cost To Create A Distributor List Was Sufficient...
In In re Amerisciences, a bankruptcy trustee sued a bankrupt company’s former officers for breach of fiduciary duty regarding the theft of trade secrets. No. 18-20394, 2019 U.S. App. LEXIS 20635 (5th...
View Article
