A plaintiff in a trust or estate dispute often needs to seek a remedy before trial to protect it from immediate injury, to protect the assets made the basis of the suit, or to discover the real condition of the parties’ relationship or business. There are different types of relief that a plaintiff can seek. For example, a plaintiff may seek a writ of injunction to prohibit or require certain conduct where the plaintiff proves the elements for injunctive relief. However, an injunction may not be sufficient where there is an ongoing business or relationship that requires regular management. In that circumstance, a plaintiff may need an independent third party to step in and manage the business or relationship until there is a trial on the merits of the parties’ claims and defenses. A receivership takes the business or relationship out of the hands of the parties, and for that reason, it is a drastic remedy that should be carefully scrutinized and only granted when adequately proven.
To see the full article, click Receiverships in Trust and Estate Litigation in Texas.
Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.