[Webinar] Administering A Trust In a Recession: Issues Surrounding Trust...
This presentation will address beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and...
View ArticleNotary Services In A World of Social Distancing: Online Notarization
Fiduciary relationships often require a party to notarize a document. For example, a party may need to or want to use notary services for each of the following: a person may execute new trust or estate...
View ArticleCourt Holds That A Deceased Testamentary Trust Beneficiary Can Still Be A...
In In the Estate of Mendoza, a decedent’s son’s children filed a petition claiming their entitlement to their father’s beneficial interest in a trust created under the decedent’s will. No....
View ArticleFederal Court Magistrate Recommends Dismissing Borrower’s Breach Of Fiduciary...
In Gooden v. Mackie, a borrower sued a mortgage servicer after the servicer foreclosed on the property. No. 4:19-CV-02948, 2020 U.S. Dist. LEXIS 25142 (S.D. Tex. January 22, 2020)....By: David Fowler...
View ArticleNotary Services In A World of Social Distancing: Texas Temporarily Allows For...
On April 9, 2020, the governor suspended certain statutes concerning appearance before a notary public to execute a self-proved will, a durable power of attorney, a medical power of attorney, a...
View ArticleTexas Courts Conflict On Whether Contingent Remainder Beneficiaries Have...
Texas has recently had two opinions that seemingly take opposite views on whether a contingent remainder beneficiary has standing to sue a trustee for trust administration issue. In In re Estate of...
View ArticleAdministering a Trust In a Recession: Issues Surrounding Trust Loans to...
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the topic of beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s...
View ArticleTexas Probate Court Did Not Have Subject Matter Jurisdiction Over A Title...
In Fox v. Fox, a father deeded real property in Louisiana to one of his sons. No. 14-18-00672-CV, 2020 Tex. App. LEXIS 2211 (Tex. App.—Houston [14th Dist.] March 17, 2020, no pet. history)....By: David...
View ArticleCourt Dismissed Appeal From Order Denying Motion To Remove Executor Because...
In Bethany v. Bethany, a party filed a motion to remove his brother as executor of their mother’s estate. No. 03-19-00532-CV, 2020 Tex. App. LEXIS 2350 (Tex. App.—Austin March 20, 2020, no pet.)....By:...
View ArticlePresentation: Joint Account Litigation in Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Joint Account Litigation in Texas” to the Texas Bankers Association via a webinar on April 29, 2020. This...
View ArticleCourt Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202...
In In the Estate of Nicholas, the temporary administrator of an estate and the decedent’s mother filed a Texas Rule of Civil Procedure 202 petition concerning a shootout at a residence by the City of...
View ArticleMagistrate Suggests Dismissing A Settlor’s Claim Against Trust Protector...
In Ron v. Ron, a wife created a trust with her husband as a trustee, a friend as a trust protector, and their children as the beneficiaries. No. 3:19-CV-00211, 2020 U.S. Dist. LEXIS 52507 (S.D. Tex....
View ArticleAdministering A Trust In A Recession: Securing Loans For Beneficiaries
Beneficiaries often request that a trustee secure a loan from a third party. In an economic downturn, such requests are even more prevalent. As a general rule, a trustee should not want to do so as it...
View ArticleTexas Supreme Court Held That The Reformation Statute For The Rule Against...
In Yowell v. Granite Operating Co., the Texas Supreme Court reviewed the validity of an interest in a mineral lease regarding the rule against perpetuities (“Rule”). No. 18-0841, 2020 Tex. LEXIS 425...
View ArticleCourt Affirmed A Trial Court’s Holdings On The Removal Of A Trustee, The...
In re Estate of Bryant, a couple set up three trusts for their three children, Bill, Leslie, and Jane. No. 07-18-00429-CV, 2020 Tex. App. LEXIS 2131 (Tex. App.—Amarillo March 11, 2020, no pet....
View ArticleTexas Supreme Court Holds That There Was No Trust Protecting Church Assets...
In Episcopal Diocese of Fort Worth v. Episcopal Church, the Texas Supreme Court addressed whether a withdrawing faction was entitled to church property and also addressed a trust issue. No. 18-0438,...
View ArticleCourt Affirms Default Judgment Against A Foreign Corporate Fiduciary Because...
In United States Bank Nat’l Ass’n v. Moss, U.S. Bank (USB) sought to vacate a default judgment in an underlying suit involving title to real property through a bill of review based on allegedly...
View ArticleCourt Rejected A Trustee’s Objection To Personal Jurisdiction In His...
In Hanschen v. Hanschen, a trustee challenged a default judgment. No. 05-19-01134-CV, 2020 Tex. App. LEXIS 4075 (Tex. App.—Dallas May 28, 2020, no pet. history). The family sued the trustee in his...
View ArticleCourt Held A Claim For An Heirship Proceeding Was Barred By Limitations Even...
In the Estate of Trickett, two petitioners filed an heirship proceeding to establish their status as the sole heirs and rightful owners of a royalty interest. No. 13-19-00154-CV, 2020 Tex. App. LEXIS...
View ArticleCompanies Should Know When Their Customers Die: Court Rendered Judgment For...
In In re Estate of Scott, an annuity company sued a customer’s estate for not reporting the death of his wife, which resulted in him receiving larger monthly payments after her death than he was...
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