In Texas, when a person who leaves a will passes away, the decedent’s estate vests immediately in the devisees under the will, subject to payment of the decedent’s debts. But what are the rights of the surviving spouse in his or her community property interest in the decedent’s property? This issue was recently addressed by
Trusts and Estates
Court Strikes Executor’s and Trustee’s Defenses for Violations of Court Orders and Abuse of the Discovery Process
Introduction. Family estate disputes over trusts and wills often bring out the worst in the parties as was exemplified in the recent case of ESTATE OF FELIPE A. RADELAT, DECEASED, 02-17-00264-CV, 2019 WL 5792652, at *1 (Tex. App.—Fort Worth Nov. 7, 2019, no pet. h.). In this case, Lourdes Radelat sued her mother …
Validity of Handwritten Will Addressed by Houston Court of Appeals
In Texas, handwritten wills are enforceable if they meet certain criteria. To be valid, a holographic will “must be signed by the testator and wholly in the testator’s handwriting.” Ajudani v. Walker, 177 S.W.3d 415, 418 (Tex. App.—Houston [1st Dist.] 2005, no pet.). Of course, many interesting issues arise in determining whether a handwritten…
Court Denies Claim of Oil Tycoon’s Heir to Receive Trust Benefits Directly
Introduction. Preston Marshall, Appellant V. Ribosome L.P, is an interesting trust and limited partnership dispute involving the descendants of Texas oilman J. Howard Marshall II. 01-18-00108-CV, 2019 WL 2041062 (Tex. App.—Houston [1st Dist.] May 9, 2019, no pet. h.). The trial court granted a summary judgment against Preston Marshall on his claims against Ribosome…
Trust Beneficiaries Failed to Plead they Had Standing to Sue on Behalf of their Trusts
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Mother Not Competent to Change her Bank Accounts or Grant a New Power of Attorney to Her Son
Family estate planning issues arise far too often when a child takes financial advantage of a parent who is mentally incompetent because of dementia or other mental infirmities. This is why it is so important to plan our estates while we still have our mental faculties and to put trustworthy people in charge who have…
Contingent Trust Beneficiary has Standing to Sue Trustee
Contingent trust beneficiary. A contingent trust beneficiary is one who does not have the right to receive benefits under a specific trust until the occurrence of a future event. Typically, a contingent beneficiary’s right to receive benefits under the trust would vest upon the death of one or more named beneficiaries. The question often arises…
Texas Durable Power of Attorney Act Amended to Limit Agency Liability
The Texas legislature made numerous changes to state laws in the estate planning area including to statutory provisions that govern wills, trusts, probate, and financial powers of attorney. One substantive change to the Durable Power of Attorney Act limits the scope of the fiduciary duties owed by the appointed agent to his principal (person granting the power) under a financial power of attorney.
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TX Supreme Court Holds No Tortious Interference with Inheritance Cause of Action
On May 26, 2017, the Texas Supreme Court refused to recognize the existence of a cause of action for tortious interference with inheritance rights. Kinsel v Lindsey, 15-0403, 2017 WL 2324392 (Tex. May 26, 2017). Many Texas courts have long considered this to be a viable cause of action since the 1987 decision of …
Durable Power of Attorney Creates Fiduciary Relationship
A recent court of appeals discussed the significance of the fiduciary relationship created when someone signs a power of attorney authorizing another to act as their agent. (Jordan v. Lyles, 485 S.W.3d 785 (Tex. App. – Tyler 2015)). In this case, Bud executed a durable power of attorney appointing his stepdaughter as his…