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Jan 16, 2025 | 
natlawreview.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.
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Jan 16, 2025 | 
natlawreview.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.
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Dec 6, 2024 | 
jdsupra.com | Claire Connor |David Johnson |Randall Johnston
On November 26, 2024, the Fifth Circuit issued an opinion in Van Loon v.
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Nov 29, 2024 | 
natlawreview.com | David Johnson
In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet. history). The trial court ruled for the executrix, and the other parties appealed asserting that she did not have standing or capacity to sue and that the trial court did not have jurisdiction over the claims.
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Oct 11, 2024 | 
jdsupra.com | David Johnson
October 11, 2024
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In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18, 2024, no pet. history).
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Oct 10, 2024 | 
natlawreview.com | David Johnson
Skip to main content October 10, 2024 Volume XIV, Number 284 Legal Analysis. Expertly Written. Quickly Found.
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Oct 2, 2024 | 
natlawreview.com | David Johnson
In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024 Tex. App. LEXIS 5033 (Tex. App.—Austin July 18, 2024, no pet. history). The case concerned a dispute as to who were the appropriate successor trustees. That order was not appealed. Later the court entered summary judgment for one side and ended the receivership.
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Sep 18, 2024 | 
natlawreview.com | David Johnson
Skip to main content September 18, 2024 Volume XIV, Number 262 Legal Analysis. Expertly Written. Quickly Found. Trending News Court Affirmed A Judgment For An Estate Because The Personal Represented Participated In The Case Print Mail Download />i Facebook Twitter Linkedin Pinterest Reddit Facebook Messenger Email Digg Print X Buffer Flipboard In Charles v. Est.
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Sep 10, 2024 | 
natlawreview.com | David Johnson
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his sister was the trustee, and in the alternative, he sought termination, modification, or reformation of the trusts. No. 08-23-00104-CV, 2024 Tex. App. LEXIS 3323 (Tex. App.—El Paso May 14, 2024, no pet. history).
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Sep 2, 2024 | 
natlawreview.com | David Johnson
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024). The trial court granted that relief. The court of appeals reversed, holding that other parties, who possessed the assets, were indispensable and not parties to the suit. The parties appealed to the Texas Supreme Court.
