| Oct 8 2020 |
Court Had Jurisdiction To Declare That The Majority Of Co-Trustees Had The Authority To Sell Trust Property And The Declaration Was Proper |
Winstead |
| Apr 13 2022 |
Court Held That A Beneficiary’s Claims Against The Estate Of The Trustee Was Not Barred By Limitations |
Winstead |
| Feb 11 2024 |
Court Held That A Trust Terminated Upon The Primary Beneficiary’s Death And That The Trustee Did Not Have Authority To Accept New Assets As A Part Of Its “Winding Up” Authority |
Winstead |
| Feb 5 2021 |
Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit |
Winstead |
| May 13 2020 |
Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition |
Winstead |
| Feb 14 2022 |
Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will |
Winstead |
| Feb 5 2021 |
Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies |
Winstead |
| Dec 1 2023 |
Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties |
Winstead |
| Jan 4 2021 |
Court Held That The Term “Spouse” In A Trust Meant The Primary Beneficiary’s Wife At The Time Of The Trust’s Execution And Not A Subsequent Wife |
Winstead |
| Apr 7 2020 |
Court Holds That A Deceased Testamentary Trust Beneficiary Can Still Be A Beneficiary |
Winstead |
| Jan 31 2020 |
Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The Presumption Of Unfairness |
Winstead |
| Jan 20 2020 |
Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed |
Winstead |
| Dec 7 2020 |
Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty |
Winstead |
| Jan 27 2021 |
Court Holds That Allegations Related To A Trustee’s Filing Of Suit Did Fall Under The Protection Of The Texas Citizens Participation Act, That A Trustee’s Actions To Modify Administrative Terms Did Not Trigger An In Terrorem Clause, But That Other Actions |
Winstead |
| Jun 29 2021 |
Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets |
Winstead |
| Sep 11 2023 |
Court Holds That an Order Was Not Final for Appeal Where There Was Still an Issue of Intestancy Remaining to Be Determined |
Winstead |
| Jul 3 2020 |
Court Holds That Decedent’s Residence Was Homestead That Was Exempt From Claims Against Her Estate |
Winstead |
| Mar 12 2020 |
Court Holds That Devise Of “Personal Property” In A Will Included Tangible And Intangible Property, Including Money In Bank Accounts |
Winstead |
| Jan 14 2021 |
Court Holds That Holographic Will Was Not Valid As There Was No Signature |
Winstead |
| May 23 2022 |
Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement |
Winstead |
| Jan 2 2022 |
Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee |
Winstead |
| Oct 22 2021 |
Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife |
Winstead |
| Mar 4 2022 |
Court Holds That Trust Was Not Ambiguous and Provided the Trustee Discretion in Making Income Distributions |
Winstead |
| Nov 15 2022 |
Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary |
Winstead |
| Nov 17 2012 |
Court in 11th Circuit Clarifies When a Remand to the Plan Fiduciary is Appropriate |
Womble Bond Dickinson (US) LLP |
| Aug 4 2023 |
Court of Appeals Deems Transfer of Residential Property to Be Compensation for Caregiving, Not a Gift |
Goulston & Storrs |
| Sep 5 2020 |
Court Reiterates Exclusive Arbitration Agreement May Override Indiana Medical Malpractice Act |
Barnes & Thornburg LLP |
| Jun 14 2020 |
Court Rejected A Trustee’s Objection To Personal Jurisdiction In His Individual Capacity But Affirmed The Objection In His Capacity As Trustee |
Winstead |
| Apr 24 2014 |
Court Rejects Plaintiff’s Attempt to Prevent Plan from Recouping $250,000 Overpayment |
Proskauer Rose LLP |
| Aug 24 2020 |
Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages |
Winstead |
| Feb 14 2021 |
Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous |
Winstead |
| Aug 6 2022 |
Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations |
Winstead |
| Apr 22 2022 |
Court Reversed Order Appointing Temporary Administrator Due To A Lack Of A Bond |
Winstead |
| Feb 14 2022 |
Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory |
Winstead |
| Oct 2 2023 |
Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will |
Winstead |
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