‘Recent Developments’

The biggest probate dispute lesson to learn from the death of Michael Jackson is that you never know when your time on earth will end, and it is best to have a thorough and up to date estate plan in place at all times that will anticipate and avoid as many problems as you can.  You will need to have a complete and current written will that addresses all of the relevant issues that may arise upon death.

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Executor Removed for Mismanagement

An independent executor cannot breach his fiduciary duties to the estate beneficiaries by self-dealing, mismanaging estate property, and failing to disclose potential conflicts of interest.  The court of appeals in Waco recently found that it was proper to remove an executor of his mother’s estate (the oldest son of the deceased), and to substitute in the secondary executor named in the will (a younger son of the deceased) due to breaches of fiduciary duty on the part of the first executor.

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The Dallas Court of Appeals recently held in a trust construction / interpretation case that the term “descendants” as used in a trust document included not only a trust beneficiary but also the children of the trust beneficiary prior to the beneficiaries’ death.

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The 81st Texas Legislature convened at noon on Tuesday, Jan. 13, 2009. The session ends on June 1, 2009.  Cowles & Thompson will provide an update of the relevant developments affecting the probate litigation practice once the current legislative session has ended.

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Stay up to date on probate dispute issues! We will keep you informed on developments that may affect you regarding trust or estate administration, guardianship and heirship issues, will and estate disputes, information for executors, and relevant tips and advice.

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