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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Breaching A Fiduciary Duty In Texas

Breaching a fiduciary duty in Texas

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 dealing, honest performance, and strict accountability. A 2015 case out of Fort Worth dealt with the issue of breaching a fiduciary duty in Texas.

Deed

A man (agent) had his aunt (principal) give him a power of attorney. About a year before the aunt died, the nephew executed deeds to the aunt’s real estate to himself and his son. After the aunt died, a probate was filed. When the beneficiaries of the aunt found out about the deeds, they were understandably upset.

Family Settlement Agreement

Apparently, most of the beneficiaries did not have the money to sue the agent so they entered into a family settlement agreement to give one of the beneficiaries the right to sue the agent for breaching a fiduciary duty in Texas. Suit was filed and Continue reading

Marijuana and Probate in Texas

marijuana and probate law in Texas

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 half of the states, practitioners need to be aware of interface between marijuana and estate planning. This article provides a discussion of the major issues that arise. After bringing readers up-to-date with the history of legalized marijuana, the article focuses on how marijuana use may impact a user’s capacity to execute a will and other estate planning documents. The article then examines other estate planning concerns such Continue reading

Getting Someone To Make A Will May Be A Crime

 Obtaining a will maybe a crime in TexasTexas Law

Getting someone to make a will may be a crime in Texas. In a 2015 case out of the Dallas Court of Appeals, a man was convicted of a crime for getting an elderly woman to make a will naming him as a beneficiary. After the woman died, he filed the will for probate. Those actions constituted a crime according to the court of appeals because they were done with criminal intent. The court stated that “If performed with the requisite criminal intent to deprive whoever would otherwise have taken (the Continue reading

Texas Bank Gives Money To Wrong Person

Joint account with right of survivorship

hands asking the help and hands saving the money(made from my images)

Bank is not Liable Says Texas Supreme Court

In 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.

Facts

The 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 Continue reading

Removal Of Executor In Texas

Removal of executor in TexasGrounds 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 must be pled and proven by the beneficiaries who are seeking his removal. Some of those grounds are gross misconduct, gross mismanagement and a material conflict of interest.

Gross Mismanagement

In a 2015 case from the San Antonio court of appeals, the beneficiaries pled that the executor had Continue reading

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


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