Can An Executor Sell Property To Himself
An executor or other fiduciary selling property to himself is a form of self-dealing which is prohibited unless specifically authorized by the instrument making him an executor.
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Category: Accounting
Breaching A Fiduciary Duty In Texas
[mp_image id=”2272″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Power of Attorney A power of...
Read MoreArbitration Clauses In Wills
What is an arbitration clause The Supreme Court of Texas upheld an arbitration clause in a trust and the same reasoning may apply to wills although the court has not ruled on this question where a will was involved. Arbitration...
Read MoreExecutor Violates Duty because of a Mistake
Intentional or Negligence Acts This post concerns fiduciary duties in Texas. The case that is discussed deals with an Executor but could also apply to a trustee or any other fiduciary in Texas. A court of appeals ruled in 2014...
Read MoreElder Abuse Is Increasing
Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick McNamara, which was published on their website, tucson.com, the paper reported that law enforcement is seeing an...
Read MoreCan An Executor Or Trustee Go To Jail?
Failure To Follow An Order As with most legal questions, it depends. When a judge orders someone to do something and that person doesn’t do it, the judge can hold him in contempt and put him in jail. Failure To Pay A Debt...
Read MoreDoes a “Request” in a Trust Mean You “Must?”
[mp_image id=”689″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] The Trust The Dallas Court of...
Read MoreA Man is Sentenced to Twenty-Five Years in Prison for Abusing a Power of Attorney.
The Austin Court of Appeals upheld a sentence of 25 years given to a man who abused a power of attorney. The man was the former grandson-in-law of the elderly lady who gave him the power of attorney. Using the power, he...
Read MoreCan the Judge Order Spousal Support From a Spendthrift Trust?
No, says the Dallas Court of Appeals. The court stated that under Texas law, spendthrift trusts are trusts with language prohibiting the voluntary or involuntary alienation of the beneficial interest. A spendthrift trust...
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Deed to Trustee When There is No Trust
On occasion, an attorney contesting a will will run across a Deed to Trustee When There is No Trust. For instance a deed that is given “To John Smith, Trustee.” There are no documents showing that a trust ever existed. The question comes up about ownership of the property. Does the person listed as trustee own the property outright? Is it owned by someone else? How do you untangle the title to the property?
Read MoreCan a Texas Fiduciary Avoid Liability by Relying on Accountants and Attorneys?
In Texas, a trustee or other fiduciary may not be able to avoid liability for breach of his fiduciary duty by relying on other professionals like accountants and attorneys. In a case in Houston, children sued their father who...
Read MoreBreach of Fiduciary Duty Forgivable?
When someone is found to have breached a duty, a large judgment can be rendered against them. If they can’t afford to pay the judgment, they can file for bankruptcy and ask that the judgment be discharged meaning that they...
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