David Fowler Johnson, in his The Fiduciary Litigator Blog, has made available for download his article, “Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court.” The article begins as follows:
In In re McGowan, a dispute arose regarding whether certain interests in real property were funded into a trust or whether the decedent still had those interests at the time of his death such that they were in his estate. No. 03-22-00726-CV, 2023 Tex. App. LEXIS 168 (Tex. App.—Austin January 11, 2023, original proceeding). The parties claiming that the interests were in a trust, the Sisters, filed claims in the probate case. Later suit was filed in district court regarding the same issues. The Sisters then filed a motion transfer the claims from the probate court to the district court and consolidate them. The trustee/executor filed a motion to abate in the district court due to the previously pending claims in probate court. The district court granted the motion to consolidate and denied the motion to abate. The trustee/executor filed a petition for writ of mandamus with the court of appeals challenging the denial of the motion to abate.
To see the full article, click: “Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court”
Posted by Melissa Zheng, Associate Editor, Wealth Strategies Journal.