Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: jurisdiction

Trial Court Had Jurisdiction To Appoint A Temporary Administrator After A Will Contest Had Been Filed Regarding A Will That Had Been Probated As A Muniment of Title

In Chabot v. Estate of Sullivan, the decedent’s attorney probated a holographic will as a muniment of title. No. 03-17-00865-CV, 2019 Tex. App. LEXIS 2145 (Tex. App.—Austin March 20, 2019, no pet.). A claimant then asserted a claim that the decedent sexually abused him. The tort claimant and the decedent’s sister filed will contests. The… Continue Reading

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex. App.—Fort Worth September 7, 2017, no pet. history). The defendant appealed on multiple grounds, and the court of appeals first addressed… Continue Reading

Courts Hold That Multiple Probate Court Orders Were Not Appealable

In The Management Trust of Norsworthy, the court reviewed a trustee’s accountings and petition for approval to enter into an agreement with the beneficiary’s wife to make regular distributions to her for certain recurring expenses. No. 05-16-00683-CV, 2017 Tex. App. LEXIS 1335 (Tex. App.—Dallas February 15, 2017, no pet.). Thereafter, the beneficiary’s wife attempted to… Continue Reading

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited jurisdiction and may hear only those cases authorized by a federal statute, the Constitution, or U.S. treaty. Subject matter… Continue Reading
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