20 results for 'cat:"Civil Procedure" AND cat:"Trusts"'.
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: civil Procedure, trusts, Wills / Probate
J. Dick grants summary judgment to an insurer, dismissing breach of duty allegations by the estate and family trust of a deceased doctor that allegedly resulted in her cousin being declared the sole beneficiary of the physician’s life insurance policy. The counterclaimants concede the insurer provided the doctor with a change of beneficiary form upon her request, but she never submitted the form. They also concede her cousin was named a contingent beneficiary on the policy.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 3, 2024, Case #: 3:21cv469, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, trusts
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J. Stevens finds that while the trial court properly reinstated a prior summary judgment in a property dispute case, a portion of the order should be reversed for being overbroad. The specified paragraph in the order that prohibits the owners from "using or advertising the property for special events or other non-residential uses" is overbroad, so the case is remanded for the trial court to reconsider and redraft the language. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: March 25, 2024, Case #: 06-23-00080-CV, Categories: civil Procedure, Property, trusts
J. Bender finds that the lower court improperly granted an emergency petition to compel a trustee to make distributions to the sole current beneficiary of the Trust of John S. Middleton, the managing partner and principal owner of the Philadelphia Phillies. An evidentiary hearing is needed to determine if the court has jurisdiction over this matter. Vacated.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: March 25, 2024, Case #: J-A21034-23, Categories: civil Procedure, trusts, Jurisdiction
J. Wecht finds that the lower court properly denied a trust termination in this case wherein an alumnus of the Virginia Military Institute asked if its asset-controlling foundation could manage the trust rather than the independent corporate trustee who has been managing it. The burdens borne by the trust do not meet the statutory criteria for termination. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: March 21, 2024, Case #: J-55-2023, Categories: civil Procedure, trusts, Wills / Probate
J. Nowell finds that the lower court improperly granted partial summary judgment to the trust in this family partnership dispute, regarding the heirs' claims "for judicial declarations that they are general partners" in the trust partnership. Accordingly, that part of the judgment must be remanded for further proceedings. The court also finds that the heirs failed to show "lost profit damages with reasonable certainty" and will vacate that paragraph of the final judgment. The judgment is otherwise modified and affirmed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 9, 2024, Case #: 05-22-00445-CV, Categories: civil Procedure, Real Estate, trusts
J. Brown finds that the trial court erred in dismissing an heir's creditor claim complaint. He was entitled to file an amended petition after the trustee demurred. He may have used the wrong form, but he made the same allegations with additional detail and nothing in the record shows that the trustee was confused or misled. Also, statute allows for a creditor's claim against a trustee in order to enforce a debt or claim where neither a probate or trust claims procedure has been initiated. Reversed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: December 19, 2023, Case #: A164622, Categories: civil Procedure, trusts, Wills / Probate
J. Hood finds that the lower court should have held that actions in which a husband's trust funded a supplemental care trust constituted a payment made for the benefit of plaintiff, an "institutionalized spouse," in claims seeking Medicaid benefits following the husband's death. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: October 19, 2023, Case #: 356756, Categories: civil Procedure, Medicaid, trusts
J. Arthur upholds the lower court's determination that an appeal should be heard in Pennsylvania (PA), not in Maryland (MD), after a realty investment trust demanded payment from a limited liability corporation because the trust's commercial tenant in PA defaulted. The corporation filed suit in Montgomery County, MD, seeking a declaration that it does not have liability on the guaranty, and moments later, the trust filed suit in Montgomery County, PA, the location of the property. In this case, the trust anticipated the corporation's filing in MD, so filed its own in PA because it thought MD may review the corporation's damages claims with more scrutiny than PA. Typically in a case like this, the rule is to proceed with litigation in the county where either party filed first. However, in this case, because the trust filed in PA in anticipation of the corporation's MD filing, the first-to-file rule will not be used and PA is the appropriate venue.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: September 1, 2023, Case #: 485946-V, Categories: civil Procedure, Corporations, trusts
J. Mize grants a petition for writ of certiorari and quashes the trial court's order granting a motion to stay in an individual's suit alleging a trustee is tortiously interfering with an expected inheritance. The current lawsuit shall proceed, as it does not involve the same causes of action as the prior lawsuit.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: July 7, 2023, Case #: 6D23-2184, Categories: civil Procedure, trusts