Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: Corporate Trustee

Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee

On May 27, 2016, the Texas Supreme Court held that an individual beneficiary of a self-directed retirement account managed by a corporate trustee had standing to bring legal malpractice claims against a law firm based on advice allegedly given regarding loans from the retirement account. Linegar v. DLA Piper US, LLP, No. 14-0767, 2016 Tex.… Continue Reading

There is a Split in the Courts of Appeals Regarding the Requirements to Obtain an Injunction Preventing a Trustee From Paying Lawyers From Trust Funds

In Zaffirini v. Guerra, beneficiaries sued the trustees of a trust for breach of fiduciary duty and removal. No. 04-14-00436-CV, 2014 Tex. App. LEXIS 12761 (Tex. App.—San Antonio November 26, 2014, no pet.). The trustees paid their attorneys from the trust to defend the suit. Beneficiaries obtained a temporary injunction preventing the payment of fees… Continue Reading

The Presumption of Unfairness Does Not Arise Where A Corporate Trustee Has a Transaction With an Entity Related to an Employee and Not the Corporate Entity

In In re Estate of Boyle, beneficiaries sued a trustee for mismanagement for allegedly transferring trust assets to entities in which the trustee’s employees had an interest. No. 11-13-00151-CV, 2014 Tex. App. LEXIS 13553 (Tex. App.—Eastland December 19, 2014, no pet.). The court of appeals held that when a plaintiff alleges self-dealing by the fiduciary,… Continue Reading
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