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‘Recent Developments’

Archive of Past Legal Development Updates

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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“Descendants” Includes Children of Living Beneficiary

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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Current Legislative Session Will Impact Probate Litigation

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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