Texas Legal Guides
95 guides covering Texas topics, each with CaseDiver search beside the article.
- Advancements On Inheritance In Texas
An advancement on an inheritance under Texas law is a gift given during a decedent’s life that is counted against the receiver’s inheritance after the decedent’s death. When Is A Gift An Advancement On Inheritance Under Texas Law? Texas law…
- A Legally Permissible Transaction May Still Be A Breach Of Fiduciary Duty In Texas
In a March 2020 opinion, In Re Estate of Bryant , a trust dispute between three siblings, the Texas appeals court cautioned that a technically permissible transaction may still be a breach of fiduciary duty, if it is not in a beneficiary’s …
- Ancillary Probate in Texas
Texas ancillary probate is used to probate assets in Texas for a decedent who resided in a state other than Texas, when the other state conducted probate proceedings. What Assets Are Subject to Texas Ancillary Probate? Real property in Texa…
- Are Bank Accounts Personal Property In Texas?
Bank accounts are considered personal property under Texas law. The February 6, 2020 Texas Appeals Court, in In Re Estate of Hunt v. Vargas , dealt with the question of whether bank accounts are personal property under the terms of the dece…
- Attorney Fees in Texas Probate
Whether or not you are entitled to your attorneys fees in Texas probate will depend on your role in the probate and what kind of proceeding you are involved in. Do I get Attorney Fees in A Texas Will Contest? In a Texas will contest …
- Bill of Review Directed To Texas Probate Heirship Order Must Be Timely Filed By Party With Standing
In Bettwieser v. Jeffery , an August 3, 2020 opinion from the Fifth District Court of Appeals of Texas, Dallas, the court affirmed an order dismissing a bill of review filed regarding an order declaring heirship entered in a Texas probate e…
- Brother Had Standing Under Texas Slayer Statute To Seek Declaration Regarding Rights To Insurance Proceeds
In Lawrence v. Bailey , a June 15, 2021 opinion from the Texas First District Court of Appeals, the Court addressed whether a relative had standing under the Texas Insurance Code’s Slayer Statute to obtain a declaratory judgment as to the d…
- Can A Beneficiary Witness A Will In Texas?
Yes, a beneficiary of a will can witness the will under Texas law, but probably should not. A Bequest To A Beneficiary Witness Is Void Under Texas Law With Limited Exceptions Section 254.002 of the Texas Estates Code addresses bequests to s…
- Can A Deed Be Invalid Because of Undue Influence In Texas?
Most of the discussion regarding undue influence centers around the unlawful procurement of wills, trusts, and other estate planning documents. A deed can also be held invalid as the result of undue influence in Texas. In Estate of Friend ,…
- Can A Minor Inherit From an Estate in Texas?
A minor can inherit from an estate in Texas. However, a minor cannot directly hold or receive the inheritance until the child reaches the age of majority. What is The Definition of "Minor" Under Texas Law? In Texas, a minor is defined as fo…
- Can An Executor Sell Specifically Devised Personal Property In Texas?
An executor can sell specifically devised personal property in Texas if doing so is not a breach of fiduciary duty, against the interests of the estate, or contrary to the terms of the will. A March 31, 2020 opinion, Sklar v. Sklar , addres…
- Can A Texas Creditor Claim Barred In Guardianship Spring Back To Life In Probate?
The Texas probate rules set forth a time period for pursuing creditor claims in Texas probate – but do these control in every probate situation? Not if the creditor ignored a guardianship notice. In West Texas LTC Partners, Inc. v. Collier …
- Can I Leave Assets To My Pet In Texas?
Texas pet owners and animal lovers frequently ask: Can I leave assets to my pet so that my pet can be taken care of after I pass away? The answer is no, you cannot leave assets to your pet. But, you can definitely provide for your pet’s car…
- Can You Appeal A Texas Probate Court Ruling?
Yes, you can appeal a Texas probate court ruling if: A statute expressly provides that the order is a final, appealable order; or The order disposes of all parties and issues in a particular phase of the proceedings. Determining whether you…
- Can You Contest a Will In Texas On the Grounds Of Insane Delusion?
Insane delusion is one of the lesser used grounds to contest a will under Texas law , but is available as a grounds to contest a decedent’s will in select circumstances. What Is the Definition Of an Insane Delusion For Purposes Of a Texas W…
- Can You Probate A Lost Will In Texas?
A will is considered lost in Texas probate if the original will cannot be found. Probate is not impossible just because you can’t find the original of a decedent’s will. In Texas, a lost will can be admitted to probate. How Do You Probate A…
- Castle Doctrine in Texas: Deadly Force Against Intruders
Texas castle doctrine: when occupants may use deadly force against home intruders, key statutes (Tex. Penal Code § 9.31), presumptions, and leading cases.
- Children Successfully Void Father’s Marriage in Texas
When someone marries later in life, the marriage is often questioned – is my family member being taken advantage of? Is this young woman really in love with my elderly father? In Estate of W.R. Durrill , children of a Texas decedent were ab…
- Creditor Claims In Texas Probate
Anyone that a decedent owed money to when he or she died is a potential creditor of the decedent’s Texas probate estate. The rules regarding creditor claims in Texas probate differ depending on whether the claim is unsecured or secured, and…
- Deadlines and Timelines in Texas Probate
What Are the Deadlines and Timelines in Texas Probate? Key deadlines and timelines in a Texas probate include: Action to void marriage after death: within one year of decedent's death Action to contest validity of will : not later than seco…
- Does a Guardianship in Texas End When the Ward Dies?
No, a Texas guardianship proceeding does not end after a ward dies until the work necessary to close the guardianship is complete. A 2019 Texas case, McIntyre v. McIntyre , 2019 Tex. App. LEXIS 8437 (Tex. App. Sep. 19, 2019), holds that the…
- Does A Texas Estate Need To Be Represented By A Licensed Attorney?
A Texas estate is required to be represented by a licensed attorney, because an estate executor represents the interests of third parties, not just personal interests. Rule 7 of the Texas Rules of Civil Procedure allows a party the right to…
- Does a Texas Trustee Need To Be Represented By a Licensed Attorney?
Yes, a Texas trustee is required to be represented by a licensed attorney, and cannot represent the interests of third parties without a license to practice law. In Lorie Bernice Sharpe Trust v. Phung , the Texas Court of Appeals, Third Dis…
- Does Divorce Invalidate A Will In Texas?
A divorce in Texas does NOT invalidate a will executed prior to the divorce but does invalidate bequests to the former spouse thereby changing the estate plan. The effect of the divorce is that the will shall be read as if the former spouse…
- Equitable Adoption in Texas
Texas recognizes equitable adoption, also known as adoption by estoppel, in which a child will be given some legal rights as a child under Texas law, including the right to inherit. How Does Texas Recognize Equitable Adoption? The Texas Sup…
- Equitable Adoption In Texas Probate
In In the Estate Of Leslie Earnest Hines , No. 06-20-00007-CV (Tex. App. – Texarkana October 8, 2020), the appellate court considered a Texas probate court’s judgment finding that no equitable adoption had occurred. We have written about ot…
- Failed Will Can Qualify As A Community Property Survivorship Agreement In Texas
A document labeled as a will can be adjudicated as a community property survivorship agreement in the appropriate circumstances under Texas law. In Estate of Lovell , Jimmy and Beatrice, husband and wife, signed a joint and mutual will usin…
- Family Allowance In Texas Probate
Under the Texas Estates Code, before a Texas probate court approves the inventory, appraisement, and list of claims of an estate, a surviving spouse may apply to the court to fix a family allowance. What Is A Family Allowance In Texas Proba…
- Family Settlement Agreements In Texas Probate
A family settlement agreement can be used to resolve Texas probate disputes, instead of going through protracted litigation. What Is A Family Settlement Agreement? "[A] family settlement agreement is an alternative to formal administration …
- Fees and Expenses For Defending A Texas Will
Who gets their fees paid for defending a will under Texas law? The parties in the September 2019 case of Austin v. Austin disputed entitlement to fees under Texas law. In Austin, both sides were awarded fees from the Texas estate. The Facts…
- Forfeiture Clauses In Texas Will and Trust Contests
A forfeiture clause (also called a “no contest clause” or “in terrorem clause”) in a Texas will or trust is a clause that voids a devise in favor of a person for bringing any court action, including contesting the will or trust. Said anothe…
- Heirship Proceedings in Texas Probate
An heirship proceeding in Texas probate is a court proceeding to determine a decedent’s heirs. A proceeding to determine heirship is authorized when: a person dies intestate owning or entitled to property in this state and there has been no…
- How Do You Demand An Accounting In A Texas Independent Administration?
The Texas Estates Code provides an avenue for any interested person, i.e., a beneficiary, in the estate to demand an accounting from an executor. A beneficiary of an estate that is the subject of an independent administration can seek the a…
- How Do You Revoke A Will In Texas?
A will is ambulatory, meaning that it can be changed or completely revoked by a testator prior to death. There are multiple ways to revoke a will under Texas law: By subsequent writing -execute a subsequent will, codicil, or declaration rev…
- How to Contest A Will in Texas
A will can be contested by an attorney in a Texas probate proceeding on the following grounds: Lack of proper formalities/undue execution Undue Influence Revocation Lack of capacity Fraud Mistake Lack of Proper Formalities/Undue Execution A…
- How To Get Decedent’s Medical Records In A Texas Will Contest
A Texas will contestant is entitled to conduct discovery on matters relevant to the will and the opposition to it. When a Texas will contest is brought on the grounds of lack of mental or testamentary capacity, the Texas Estates Code specif…
- How To Prove Lack of Testamentary Capacity in Texas
In Estate of Durgin , the Texas appellate court upheld a verdict invalidating a will for lack of testamentary capacity. The case gives insight into how to prove lack of testamentary capacity in Texas. What is required to have testamentary c…
- How To Remove an Estate Executor In Texas
In the In the Estate of William Thompson Bell , a September 15, 2021 opinion from the Seventh District Court of Appeals of Texas at Amarillo, the Texas appellate court reversed an order removing executors of a Texas estate because of a lack…
- Inheritance Rights of Adopted Children in Texas
Inheritance rights of adopted children in Texas vary depending on whether the person was adopted as a child or as an adult. Do Adopted Children Inherit Through Their Birth Parents? Yes, adopted children in Texas have inheritance rights in t…
- Inheritance Rights Of A Pretermitted Child Under Texas Law
A pretermitted child under Texas law means a testator’s child who is born or adopted: During the testator’s lifetime or after the testator’s death; and After the execution of the testator’s will. See Texas Estates Code section 255.051 . Doe…
- In Terrorem Clause Not Triggered In Texas For Seeking Reimbursement For Funeral Expenses
In what seems like an obvious result, a Texas appellate court, in Isaac v. Burnside , affirmed that an in terrorem clause was not triggered in a Texas probate dispute when an estate beneficiary sought reimbursement for expenses incurred for…
- Inventory And Appraisement In Texas Probate
One of the most important duties of the personal representative of a Texas probate is to prepare an inventory and appraisement . What Is an Inventory and Appraisement in Texas Probate? The inventory is a document that contains a verified, f…
- Is a Probate Advance Legal in Texas?
Texas generally allows heirs to assign expected estate interests, but the Estates Code still governs creditor claims, administration type, and heirship disputes. Independent administration speeds some steps—not all risks.
- Jury Trials In Texas Trust Actions
In the Matter of Troy S. Poe Trust , the Texas appellate court determined that jury trials are available in trust modification actions to to ascertain disputed facts. THIS CASE WAS REVERSED ON JUNE 16, 2022 BY THE TEXAS SUPREME COURT. READ:…
- Make Sure You Have Personal Jurisdiction In Texas Guardianship Proceedings
In Farr v. Barnes , the Texas Court of Appeals, Fourth District, San Antonio, considered a ruling granting Rule 91a motions to dismiss a declaratory relief action filed by a former ward seeking a declaration that orders entered in a previou…
- No Evidence Of Undue Influence = Summary Judgment in Texas
In Texas, the law regarding undue influence applies to wills, trusts, and other instruments, including account designations. In Fielding v. Tullos , a Texas appeals court affirmed a trial court’s summary judgment in favor of a caretaker and…
- Parties Bound By Agreement In Texas Trust Dispute
The vast majority of trust litigation is settled by way of an agreement between the interested parties. In Neal v. George E. Neal Jr. Irrevocable Trust , the Texas Fifth District Court of Appeals affirmed an agreed judgment that determined …
- Partition Actions in Texas for Inherited Property
A partition action in Texas is a legal action to divide real property among joint owners. Different rules apply to partition actions in Texas for inherited property. What Are Partition Rights In Texas? In Texas, the general rule is that the…
- Powers of Appointment Under Texas Law
A June 10, 2020 case from the Seventh District Court of Appeals of Texas, Amarillo Division, Sibley v. Bechtel , reviewed the basics of the lifespan of powers of appointments and virtual representation in dismissing an appeal from an order …
- Proposed Texas Bill Relating To Beneficiary’s Approval Of Trustee’s Accounting 2021
House Bill 653 is making its way through the legislative process in Texas and would amend the Texas Property Code in September 2021 to create a presumption that a beneficiary of a trust has approved a trustee accounting if the beneficiary d…
- Removal Of A Trustee In Texas
Removal of a Texas trustee can occur for a variety of reasons. Some of the grounds are obvious, like the trustee became incapacitated or failed to account. In Ramirez v. Rodriguez , a February 2020 case from a Texas appellate court, the cou…
- Service Provisions Of Texas Estates Code Do Not Only Apply In Estate Proceedings
The Texas Estates Code, sections 505.001, et. seq., contains provisions for service on a foreign corporate fiduciary. A foreign corporate fiduciary is a corporate fiduciary that does not have its main office or a branch office in Texas. In …
- Small Estate Affidavits Texas
In appropriate circumstances the distributees of an estate of a decedent who dies intestate are entitled to file a small estate affidavit to obtain decedent’s estate, without having to go through Texas probate. A small estate affidavit is g…
- “Spouse” In Texas Irrevocable Trust Means Spouse At Time Trust Created
In Ochse v. Ochse , the Texas Appeals Court, Fourth District, San Antonio, had to construe the language of an irrevocable trust to determine whether the grantor, when identifying her son’s “spouse” as a beneficiary, meant the son’s spouse a…
- Standing In Texas Guardianship Turns On Discrete Issues In Particular Phase Of Proceeding
In the Matter Of the Guardianship of Carlos Benavides Jr. , a December 2020 opinion from the Texas Fourth Court of Appeals, the court addressed issues of standing, law of the case, and timely appeals in Texas guardianship proceedings. The F…
- Stand Your Ground Laws in Texas
Texas stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Statute of Limitations in Texas Probate
Failing to pay attention to the statute of limitations and deadlines and timelines in Texas probate disputes can end your case before it ever begins. In the February 2020 case of Watson v. Schrader , The Texas Eleventh District Court of App…
- Successful Undue Influence Triple Will Contest In Texas
The Court of Appeals of Texas, Eighth District, El Paso, in In re Estate of Scott , affirmed a jury’s finding that three wills were signed as the result of undue influence, and that appellants did not act in good faith in defending the will…
- Surviving Spouse Rights Texas
What Are Surviving Spouse Rights Under Texas Law? Intestate Share Community Property Homestead Rights Exempt Property Family Allowance In order to preserve surviving spouse rights in Texas, a surviving spouse must adhere to time-sensitive d…
- Suspicion of Undue Influence Not Enough In Texas Will Contest
Bare suspicion of undue influence is not enough to survive summary judgment in a Texas will contest. A romantic relationship does not automatically create a confidential or fiduciary relationship. Bare testimony that a decedent made a new w…
- Texas 2020 Case Roundup
Estate of Grogan : The mere suspicion of undue influence is not enough to prevail in a Texas will contest. ConocoPhillips Co. v. Ramirez : In construing a will the focus is on the intent of the testator, which must be ascertained from the l…
- Texas Appeals Court Addresses Ripeness For Determination of Trust Beneficiaries Of Class Gift
In Ackers v. Comerica Bank and Trust , the Texas Eleventh Court of Appeals addressed whether it could determine beneficiaries of a class gift in a testamentary trust, concluding that the contingent nature of the gift and existence of a spen…
- Texas Appeals Court Affirms Reformation of Unambiguous Texas Will Based On Cut-And-Paste Mistake
In Odom v. Coleman , the Court of Appeals for the First District of Texas affirmed the probate court’s reformation of a will based on a cut-and-paste mistake, even though the terms of the will were unambiguous. The Facts of Odom v. Coleman …
- Texas Appellate Court Addresses Partition and Turnover of Community Property Held By Surviving Spouse
In the March 2021 opinion of Estate of Tillotson , a Texas appellate court addressed the partition of community property after a spouse died intestate, in a dispute between the surviving spouse and children from a prior relationship. The Fa…
- Texas Appellate Court Reviews Undue Influence and Testamentary Capacity Will Contest Basics
In the Estate of Hogan , a June 9, 2022 opinion from the Texas Eleventh Court of Appeals, the court reviewed the basics of undue influence and testamentary capacity will contests. This case serves as a helpful primer on the elements and bur…
- Texas Child Support Guidelines: How Support Is Calculated
How Texas calculates child support under Tex. Fam. Code ch. 154, including the percentage of net resources (obligor), deviations, modification, and leading cases.
- Texas Community Property Transfers and Creditor Rights
Texas community property that passes on the death of a spouse is subject to the debts of the deceased spouse and the rights of creditors before any transfers of the community property asset can occur. In Matter of Estate of Abraham , the De…
- Texas Court Annuls Marriage of Ward Under Guardianship
Can Someone Who Is Under A Guardianship Get Married In Texas? No, a ward in a Texas guardianship can not get married if the right to marry has been removed and they have been found to lack capacity to marry. If a ward has entered into a mar…
- Texas Court Reverses Removal Of Independent Executor Accused Of Gross Misconduct With Multiple Party Account
In In the Matter Of the Estate Of Collins , a December 1, 2021 opinion, the Texas Court of Appeals, Twelfth District, reversed an order of the Texas probate court removing an independent executor and ordering him to pay his attorneys fees f…
- Texas Court Upholds Jury Finding Of Invalid Will and Civil Theft Committed By Neighbor
In In Re the Estate Of Bobbie Willingham , a December 20, 2021 opinion, the Texas appellate court reviewed a jury’s determination finding a will invalid and finding that a neighbor committed civil theft against the decedent by taking checks…
- Texas Executor Breaches Fiduciary Duties In Making a Non-Pro Rata Distribution Of Assets and Failing To Disclose Material Facts
In In re Estate of Stewart , a Texas executor was found to have breached his fiduciary duties in administering his father’s estate by making a non-pro rata distribution of assets. The Facts of In Re Estate of Stewart Decedent William Stewar…
- Texas Legislative Update: Rule Against Perpetuities Extended To 300 Years For Trusts September 1, 2021
On June 16, 2021, the Texas Legislature passed a bill ( HB 654 ) that extends the rule against perpetuities to 300 years for trusts. The new Texas law on the rule against perpetuities takes effect on September 1, 2021. New Section 112.036 o…
- Texas Quick Guides
Texas Surviving Spouse Rights Attorney Fees in Texas Probate Deadlines and Timelines in Texas Probate Next of Kin in Texas …
- Texas Spousal maintenance: Eligibility, Amount, and Duration
How Texas courts award spousal maintenance under Tex. Fam. Code ch. 8: eligibility, guideline/formula rules, duration, and leading cases.
- Texas Statutory Probate Court Required To Appoint Court Reporter In Contested Probate Matters
In In re Estate of Poff , the Texas Appeals Court was presented with numerous issues but found one to be determinative — the Texas statutory probate court had a statutory obligation to have a court reporter transcribe oral testimony at a co…
- Texas Supreme Court: Acceptance of Benefits Under Will Bars Will Contest
In In re Estate of Johnson , the Texas Supreme Court reaffirmed in a May 28, 2021 opinion that a will contestant does not defeat an acceptance-of-benefits defense by showing that the benefit she accepted is worth less than a hypothetical re…
- Texas Supreme Court: No Right To a Jury Trial In Trust Modification Actions
On June 17, 2022, in In the Matter Of Troy S. Poe Trust , the Texas Supreme Court determined that there is no right to a trial by jury in a judicial trust-modification action. A Review of the Facts In the lower court, the two trustees, who …
- Texas Supreme Court: Technical Defect In Service On Ward Does Not Deprive Probate Court Of Personal Jurisdiction In Guardianship Action
In In re the Guardianship of Fairley , a March 4, 2022 opinion, the Texas Supreme Court held that a technical defect in personal service on a ward does not deprive the probate court of subject-matter jurisdiction or personal jurisdiction ov…
- Texas Trust Action Addresses Standing, In Terrorem Clauses, And Basic Trust Interpretation
In Younger v. Younger , the Texas Court of Appeals, Seventh District, Amarillo, considered an appeal in a trust action raising a host of issues including trust interpretation, standing, and in terrorem clauses. The Facts of Younger v. Young…
- Texas Trust Protector Has No Fiduciary Duty to Settlor
A “trust protector” is a relatively new role in the world of Texas trusts. An opinion from the U.S. District Court, Southern District of Texas, Ron v. Ron (Memorandum and Recommendation, adopted here ), determined that a Texas trust protect…
- The Existence Of a Will Does Not Defeat a Texas Heirship Proceeding
In Estate of Whittenburg , and April 13, 2022 opinion, the Texas Appeals Court clarified that an heirship proceeding can proceed in a Texas probate even if the estate is testate (decedent died with a valid will that has been admitted to pro…
- Use Of the Texas Citizens Participation Act In Will and Trust Disputes
In the January 2021 case of Marshall v. Marshall , the Texas appellate court determined that appellants did not violate an in terrorem clause in the will, and instead that appellants demonstrated that disputing conduct as violating the in t…
- Venue of Texas Probate Proceedings
Before you can start a probate proceeding in Texas, you need to know the appropriate county to file in, otherwise known as the proper venue. The appropriate venue of a Texas probate proceeding will depend on the circumstances of the deceden…
- What Are The Requirements For A Valid Will In Texas?
The requirements to make a will that is valid under Texas law are that the will must be: In writing Signed by: a) The testator in person; or b) Another person on behalf of the testator i) in the testator’s presence; and ii) under the testat…
- What Does "In Equal Shares Per Stirpes" Mean?
The phrase "in equal shares per stirpes" is a common term in estate planning documents, but fraught with ambiguity. The recent case of Archer v. Moody , 544 S.W. 3d 413 (Tex. Ct. App. 2017) illustrates the problem with the phrase. What Does…
- What Happens To Homestead Property In Texas When A Parent Dies Leaving A Minor Child?
Homestead property in Texas inures at death and is exempt from claims of the estate. In Caceres v. Kerri Grahamas Dependent Adm’r of the Estate of Alicia Maribel Procell , Case No. 14-18-00826-CV, the Texas Appeals Court, Fourteenth Distric…
- What is Probate In Texas
What is probate in Texas? Probate in Texas is a legal proceeding used to distribute a decedent’s assets. A decedent's assets that go through probate in Texas are distributed according to decedent’s will or Texas law. Texas is known to have …
- What Is The Privity Rule In Texas Estate Planning Malpractice Claims?
In Flores v. Branscomb , a Texas appellate court discussed the estate planning privity rule for legal malpractice claims, and determined whether a non-client could sue an estate planning attorney for malpractice. In this case, the answer wa…
- When Can a Will Be Modified Or Reformed Under Texas Law?
Only a personal representative can petition the court for modification or reformation of a will under Texas law. A beneficiary does not have the power to petition for the court for modification or reformation. When Can The Court Order Modif…
- When Is Someone “Unsuitable” To Serve As Independent Executor Of a Texas Estate?
In In The Estate Of Eric Johnson , an August 26, 2021 opinion from the Second Appellate District of Texas at Fort Worth, the Court affirmed the Texas probate court’s finding that the nominated independent executor was unsuitable to serve as…
- Who Are Next Of Kin In Texas?
Next of kin are generally defined in Texas as the closest members of one’s family, and are limited to those people living who are the closest blood relatives to the person in question. Who Are Next of Kin In Texas? Generally, next of kin in…
- Who Can Authorize An Autopsy Under Texas Law?
Who can authorize an autopsy under Texas law? Texas Code of Criminal Procedure, Article 49.33 provides a list of people who are authorized to provide consent to an autopsy (also called an inquest) under Texas law: The spouse of the decedent…
- Who Can Serve As A Personal Representative In Texas?
The Texas Estate Code sets forth those persons who can serve as a personal representative of a Texas probate, the order of entitlement, and those persons who are not qualified to serve. Who Has Priority To Serve As a Personal Representative…
- Who Has Standing To Bring Legal Malpractice Claim Against Attorney For Prior Trustee and Estate Personal Representative Under Texas Law?
In Hodge v. Lindauer , an October 5, 2021 opinion from the Court of Appeals, Sixth Appellate District of Texas at Texarkana, the Court determined that a successor fiduciary and beneficiary of a Texas estate or trust was barred from assertin…
- Will Construction Under Texas law
The January 24, 2020 Texas Supreme Court decision in ConocoPhillips Co. v. Ramirez involved a complicated fact pattern of land ownership spanning generations. However, the issue for decision by the Texas Supreme Court was one of will constr…