Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: discovery rule

Court Affirms Summary Judgment For A Trustee Against A Beneficiary Due To The Statute of Limitations And Discusses Constructive Knowledge Of Probate Records

In Gilmore v. Rotan, a testamentary trust’s beneficiaries sued the trustees in 2015 for making a transfer of trust property in 2003 that was evidenced by a deed filed in 2010. No. 11-16-00253-CV, 2018 Tex. App. LEXIS 7705 (Tex. App.—Eastland September 20, 2018, no pet. history).  The beneficiaries claimed that the trustees engaged in self-dealing… Continue Reading

Court Rejects Claim That Mortgage Lender Owed Fiduciary Duties To Borrower And Addressed The Discovery Rule For The Statute of Limitations

In Wakefield v. Bank of Am., N.A., a borrower stopped paying on her mortgage because she felt she was assisting in a fraud. No. 14-16-00580-CV, 2018 Tex. App. LEXIS 545 (Tex. App.—Houston [14th Dist.] January 18, 2018, no pet. history). She later sued the lender for breach of fiduciary duty, and the lender filed a… Continue Reading

To Invoke the Discovery Rule, a Plaintiff Must Have Objectively Verifiable Evidence to Support the Underlying Claim

In Moczygemba v. Moczygemba, a mother sold a ranch to two sons and later sued them for breach of fiduciary duty for not disclosing to her that the deeds also transferred mineral interests. No. 04-14-001100-CV, 2015 Tex. App. LEXIS 1536 (Tex. App.—San Antonio February 18, 2015, no pet. hist.). The trial court granted summary judgment… Continue Reading

The Statute of Limitations for Bills of Review in Estate Cases Are Two Years

In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of review (statutory or equitable) from probate… Continue Reading
.