Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: reimbursement

Court Denied Mandamus Relief To Review Order Denying Trustee’s Request To Pay His Attorney’s Fees In The Interim

In In re Cousins, a trustee filed a mandamus proceeding to challenge a trial court’s order denying his motion to pay his attorney’s fees from the trust. No. 12-18-00104-CV, 2018 Tex. App. LEXIS 3930 (Tex. App.—Tyler May 31, 2018, original proceeding). A co-trustee sued the other co-trustee for a number of causes of action related… Continue Reading

A Party Should Seek Attorney’s Fees in Proceeding Where They Are Incurred

In Lesikar v. Moon, a trustee personally paid $750,000 in attorney’s fees for a trust in the course of litigation. No. 01-12-00406-CV, 2014 Tex. App. LEXIS 10041 (Tex. App.—Houston [1st Dist.] September 4, 2014, no pet.). After that suit was resolved, the trustee filed a second suit to obtain reimbursement. The court of appeals held… Continue Reading

A Trustee Can Generally Pay Attorney’s Fees Out of a Trust in Defending the Trustee’s Conduct

In In the Guardianship of Hollis, a special needs trust’s trustee used $67,000 to build a pool on the beneficiary’s parent’s property. No. 14-13-00659-CV, 2014 Tex. App. LEXIS 12038 (Tex. App.—Houston [14th Dist.] November 4, 2014, no pet.). The trial court ordered show cause hearings to determine the appropriateness of the expense. The trustee then… Continue Reading