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Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what...
In McCoy v. McCoy, trust beneficiaries (daughters) sued the trustee (father) for maintaining a claim against a third party (mother) after they notified him of their opposition under...
In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285. After the settlement agreement was executed, parties sued former trustee’s estate for over a $37 million alleged debt.
In In re John O. Yates Trust, trustee filed suit to obtain declarations on whether it could sell certain real estate held in the trust, whether proceeds should be designated as principal. Trial court agreed but beneficiary appealed.
H.B. 1552 bill in Texas has been submitted that would provide a trustee release relief for transactions described in an accounting where a beneficiary fails to timely object to the accounting and there is no fraud, intentional misrepresentation, or material omission.