David Fowler Johnson, in his Texas Fiduciary Litigator Blog, has made available for download his article titled, “Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory,” which discusses McEndree v. Volke. The abstract of the article is as follows:
In McEndree v. Volke, a beneficiary sued a trustee, her former step father, for breaching fiduciary duties. No. 11-19-00351-CV, 2021 Tex. App. LEXIS 7856 (Tex. App.—Eastland September 23, 2021, no pet. history). The trust was to hold Social Security Administration benefits. Though the trust was created in 1997, the beneficiary was not aware of it until 2016 because the trustee never told her about it, never made a distribution, and never provided any accounting information. The beneficiary filed a traditional motion for summary judgment based on deemed admissions and on the affidavit. The trial court granted the motion, and the trustee appealed. The court of appeals reversed, holding that the beneficiary did not meet her summary judgment burden of proof. Regarding the affidavit, the court stated:
To see the full article, click: “Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory”.
Posted by Isabella King, Associate Editor, Wealth Strategies Journal.