Texas Fiduciary Litigator: Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets (June 29, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In re Estate of Stewart. The article beings as follows:

In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history). Among other claims, a sister claimed that her brother breached fiduciary duties as executor by distributing real property to three of the siblings, but not to her. The brother claimed that he had the right to do so under the Estates Code. The jury found that the brother breached his fiduciary duties, but found that the sister had not been harmed. The brother appealed. The court of appeals first discussed an executor’s fiduciary duties to the estate’s beneficiaries:

To see the full article, click: “Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets”

To download the full opinion, click: In re Estate of Stewart

Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal

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