Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: will contest

Court Affirms Summary Judgment In Will Contest Where There Was No Evidence Of Undue Influence

In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July 26, 2017, no pet. history). The decedent left bequests to her daughters, Judy and Patsy, in her will, but left nothing to… Continue Reading

Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest

In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the will or the will was the result of undue influence. No. 05-16-00126-CV, 2016 Tex. App. LEXIS 13837, *13-14 (Tex. App.—Dallas December… Continue Reading

When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property

In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home.  No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.).  Elvira, the deceased, lived in her home for over 20 years with her boyfriend, Garza.  Elvira and Garza were named managing conservators of her daughter Annette’s three… Continue Reading

Court Reverses Finding Of Undue Influence In A Will Contest And Discusses Requirements To Execute A Will

In In re Estate of Kam, an elderly man executed a new will to omit any gift to one son after the man discovered that his life insurance had been altered to name his son as the sole beneficiary.  No. 08-14-00016-CV, 2016 Tex. App. LEXIS 2070 (Tex. App.—El Paso February 29, 2016, no pet. history).… Continue Reading

A Beneficiary Can Seek to Remove an Executor or Trustee Without Triggering a No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought temporary injunctive relief and also sought a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex. App.—Fort Worth August 20, 2015, no pet. history). The trial court granted a summary judgment for the defendants on the… Continue Reading
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