Power of Attorney A power of attorney in Texas creates a fiduciary duty between the person who holds the power (agent) and the person who gives it (principal.) The agent owes his principal a high duty of good faith, fair...Read More
Author: Tony Ray
A professor at one of Texas’ Law Schools wrote an article about the future of marijuana and Probate in Texas. You can find the article here. Abstract With the legalization of medical and recreational marijuana in almost...Read More
Ordinary WillsThis case does not apply to someone who urges an elderly person to make a will. Everyone should be urged to make a will. In the case decided by the Dallas Court of Appeals, there was evidence that the man who was charged, who was not related to the deceased, talked her into making a will for his benefit while she was in the hospital during her last illness. The lady had a child and her previous will named the child as her beneficiary.
Bank is not Liable Says Texas Supreme CourtIn what I consider a strange holding, the Texas Supreme Court ruled in 2015 that when a Texas bank gives money to wrong person, the bank may not be liable.
FactsThe case dealt with a joint account with right of survivorship. A husband and wife opened the account. The account was a joint account with right of survivorship meaning that when one died, the survivor owned the account. The account also had a pay on death clause that paid the money to two people equally when the last of husband or wife died. When the bank heard that the husband died, they issued a check to the two pay on death beneficiaries instead of leaving the money in the account under the wife’s name. One of the pay on death beneficiaries (first) kept the money. The other one (second) put the money into an account for the wife. He also had a power of attorney for wife and demanded that the bank reimburse the wife for the money that had gone to the first one. The bank admitted the mistake and attempted, unsuccessfully, to get the money back from the first one. After the wife died, the executor of her estate (second) filed suit against the bank.
No DamagesA jury found that the bank breached its duty to wife but found that the wife suffered no damages. The trial court entered a judgment against the bank for the full amount given to the first one, called judgment notwithstanding the verdict, JNOV. The court of appeals upheld the judge’s JNOV. However, when the case went to the supreme court, they overturned it. The supreme court ruled that the estate suffered no damage because the one half of the original account would have gone to the first one if no changes had been made! This doesn’t address the issue of what would happen if the wife had all the money and decided to spend it or to put it into another account (as she had done after the funds were disbursed.) I don’t understand how the bank is not liable for giving depositor’s money away. There was no discussion of any constraint on the wife to use that money, to give it to someone else or to just go to Las Vegas and blow it. It was wife’s money! How could giving it to someone else not cause damages! The only way to justify this case is that the two pay on death beneficiaries were not relatives of the husband and wife and that if the bank had paid the money back to wife, it would have ended up in the account opened by the second beneficiary after the fact and he would get all of the money. There is no discussion of these issues or what the wife’s wishes were. There is a brief mention of a guardian for wife but not discussion of what wife wanted done with the money.
Grounds for removal of executor in Texas A Texas executor can be removed by the probate court but not because the beneficiaries under the will don’t like him. A Texas executor can only be removed for specific reasons that...Read More
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Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle litigation cases related to inheritance disputes including will contest, related property disputes and associated torts throughout Texas. Our principal office is in Tyler, Texas. Contact Robert