family settlement agreement

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021, no pet. history). The decedent’s children were the trustees of a trust that was the residuary beneficiary of the decedent’s will. If the decedent still owned the mineral interests at the time of his death, the trust would inherit that interest. After the decedent died, the wife and the trustees settled their dispute and entered into a settlement agreement that provided: “The Parties agree that each shall keep and own such real and personal property as they currently possess without any challenge of any other party.” Id. Later, the trustees sued the wife, alleging she breached her contractual duty to transfer the mineral interest to the trust, was liable under a theory of money had and received, and breached her fiduciary duties. After a jury trial, the trial court entered a judgment for the trustees, and held that the mineral interest belonged to the trust. The wife appealed.
Continue Reading Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the trustee and the former trustee’s estate. No. 14-19-00387-CV, 2021 Tex. App. LEXIS 1955 (Tex. App.—Houston March 16, 2021, no pet. history). After the settlement agreement was executed, one of the parties sued the former trustee’s estate for over a $37 million debt (or due to over distributions). The estate then filed a motion for summary judgment based on the release in the settlement agreement, which the trial court granted. The court of appeals affirmed, finding that the release’s language was sufficiently broad to cover these claims:
Continue Reading Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims

In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person” following her voluntary release of all her rights in the estate in a settlement agreement. No. 11-18-00349-CV, 2020 Tex. App. LEXIS 10447 (Tex. App.—Eastland December 31, 2020, no pet. history). In the agreement, the alleged heir agreed to accept $2,000 “as consideration for compromise, settlement and release of all claim of [Harper] to any part of the Estate.” The heir then contended that she did not release her right to receive an inheritance from the estate, she only released “claims” against the estate, and her right to receive an inheritance from the estate was not a claim against the estate.
Continue Reading Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016 Tex. App. LEXIS 6811 (Tex. App.—San Antonio June 29, 2016, no pet. history). Earlier in the case, there was