Fiduciary duty

22 June 2018

Sibling has standing to complain of another sibling

In Mayfield v. Peek, the El Paso Court of Appeals considered a standing issue.  Standing may sound like a dry issue, particularly to non-lawyers.  But is a crucial issue to my practice of litigating Texas estate and trust beneficiary disputes.  If a court rules that a party does not have standing, it will typically not even reach the merits of the underlying issue.  In layman’s terms, the courthouse doors are closed. Mayfield involved two siblings fighting over an inheritance from their parents. The parents had set up a family revocable trust their children and several other relatives.  The trust was […]
4 March 2018

Yes, a deed can be overturned

A deed is typically considered a non-testamentary disposition.  Property that has been deeded away, either directly or through a retained life estate, is not included in a grantor’s estate at death. But are there ways to overturn a deed under Texas law? Yes.  Like a will or an account/insurance designation, a deed can be set aside if a grantor lacked sufficient mental capacity to execute the deed.  Or if the grantor was subjected to undue influence in executing the deed. The analysis will be similar to a will contest. Mental capacity is relatively straightforward, even if the proof is often […]
5 July 2016

Estoppel does not prevent beneficiary from pre-suit discovery

The Fort Worth Court of Appeals decision in In Re Meeker involves two important issues for probate litigators: entitlement to pre-suit discovery and estoppel based on acceptance of benefits. Both issues arise fairly regularly in will contests. Texas Rule of Civil Procedure 202 provides a limited method to obtain discovery of facts before actually filing a suit.  It is a useful tool when a litigant suspects they have a valid claim, but wish to investigate further before actually filing suit. There are some exacting requirements of the rule and the discovery tools are more limited than would be allowed in […]
20 June 2016

Garrett v. First State Bank of Central Texas: No informal fiduciary relationship

In Garrett v. First State Bank of Central Texas, the Waco Court of Appeals considered a dispute over the ownership of a decedent’s account. The bank filed an interpleader when faced with competing claims to the account proceeds, between the decedent’s estate and his caregiver. The decedent added the caregiver as a signatory to his money market account. After decedent’s passing, the caregiver claimed he wanted the account to pass to her after his death. But the trial court ruled the account documents the decedent signed did not make her the survivorship beneficiary. There was a dispute as to whether […]
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