David Johnson

Jan 14, 2025 | jdsupra.com | David Johnson

In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex. App—Fort Worth 2024, pet. filed). The trial court held that the capacity issues should be resolved by the trial court, and the arbitrations were stayed and the opposing parties were enjoined from pursuing the arbitrations.

Jan 14, 2025 | jdsupra.com | David Johnson

In In re Est., the court of appeals dealt with whether a contingent beneficiary can file claims against a trustee. No. 02-23-00104-CV, 2024 Tex. App. LEXIS 1878 (Tex. App.—Fort Worth March 14, 2024, no pet.). The court held that contingent beneficiaries do have standing:We conclude that James is within the class of persons authorized to sue the Trustees.

Jan 2, 2025 | jdsupra.com | David Johnson

January 2, 2025 To embed, copy and paste the code into your website or blog: In In re Estate of Martinez, a decedent left a holographic will, and a potential recipient of property under that will offered it for probate and sought a declaration regarding a devise of property. No. 04-22-00708-CV, 2024 Tex. App. LEXIS 1258 (Tex. App.—San Antonio February 21, 2024, no pet.).

Jan 2, 2025 | jdsupra.com | David Johnson

January 2, 2025 To embed, copy and paste the code into your website or blog: In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into a family trust. No. 08-23-00146-CV, 2024 Tex. App. LEXIS 2240 (Tex. App.—El Paso March 28, 2024, no pet.).

Dec 17, 2024 | jdsupra.com | David Johnson

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