Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: Will Contest Litigation

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

When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property

In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home.  No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.).  Elvira, the deceased, lived in her home for over 20 years with her boyfriend, Garza.  Elvira and Garza were named managing conservators of her daughter Annette’s three… Continue Reading

A Beneficiary Can Seek to Remove an Executor or Trustee Without Triggering a No-Contest Clause

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought temporary injunctive relief and also sought a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex. App.—Fort Worth August 20, 2015, no pet. history). The trial court granted a summary judgment for the defendants on the… Continue Reading

Recent Trends in Will Contest Litigation (McLennan County Bar Association)

Every day, individuals change their wills, trusts, bank accounts, and other estate documents. These changes often impact beneficiaries and others who expect to receive benefits under these documents. When the changes result in an individual receiving fewer assets than before, litigation can arise. Claims of undue influence and mental incompetence are often alleged in an… Continue Reading
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