Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: Statute of Limitations

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

Court Reverses Trial Court’s Order Denying An Application To Probate A Will As A Muniment of Title

In Ramirez v. Galvan, a probate court denied the application for probate of a will as a muniment of title where the application was filed more than four years after the testator’s death. No. 03-17-00101-CV, 2018 Tex. App. LEXIS 222 (Tex. App.—Austin January 10, 2018, no pet. history). The applicant appealed. The court of appeals… Continue Reading

Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute

In Kaptchinskie v. Estate of Kirchner, the purchasers of property sued an estate to establish that the estate’s claim under a note was extinguished by the statute of limitations. No. 14-15-01080-CV, 2017 Tex. App. LEXIS 7012 (Tex. App.—Houston [14th Dist.] July 27, 2017, no pet. history). The independent administratrix of the estate filed a counterclaim… Continue Reading

Court Granted Summary Judgment For A Trustee On A Fiduciary Breach Claim Arising From Conflict-Of-Interest and Diversification Issues

In Adams v. Regions Bank, beneficiaries sued a trustee for multiple claims, including breach of fiduciary duty, arising from the trustee’s seizure of collateral owned by the trust. 2016 U.S. Dist. LEXIS 1027 (S.D. Miss. January 6, 2016). Adams, the primary beneficiary, borrowed $3 million from the bank before it was trustee and signed an… Continue Reading

Texas Supreme Court Denies Petition For Review In Ward vs. Standford Opinion

On October 9, 2015, the Texas Supreme Court denied the petition for review in Ward v. Standford, 443 S.W.3d 334 (Tex. App.—Dallas 2014, pet. denied).  This case dealt with the accrual of the statute of limitations for breach of fiduciary duty claims against trustees where the plaintiff complained of an act of omission.  The court of… Continue Reading

There Can Be a Fact Issue on the Accrual of a Breach of Fiduciary Duty Claim Arising From an Act of Omission

In Ward v. Standford, a father and a mother set up an irrevocable trust in the 1970s and transferred many assets to it. 443 S.W.3d 334 (Tex. App.—Dallas 2014, pet. filed). In the 1980s, the father and his company borrowed money from the trust and issued a note. The father and his company defaulted, and… 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
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