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Supreme Court Enforces Arbitration Clause in Trust Case

Texas Lawyer

Monday, May 13, 2013

Enforceable arbitration clauses are usually the result of a contract between parties. But does that work in probate law, where beneficiaries rarely sign contracts, and the most important party is always dead?

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Judgment Imposes Constructive Trust on IOLTA Account

Texas Lawyer

Monday, January 28, 2013

After a jury found that two San Antonio lawyers defrauded a clientand wrongfully took her money, a Bexar County trial court judge signed a final order allowing the plaintiff a highly unusual remedy: a constructive trust on a defendant's Interest on Lawyers' Trust Account (IOLTA).

Trusts & Estates

Texas Lawyer

Monday, December 10, 2012

High Court Weighs Enforceability of Trust's Arbitration Clause

Texas Lawyer

Monday, November 19, 2012

While the rules for compelling or avoiding arbitration are clearly defined for a variety of civil practice areas, the scope of alternative dispute resolution is much less clear in probate law. Is an arbitration clause in a trust enforceable? That question is front and center in Hal Rachal Jr. v. John W. Reitz, a case of first impression argued Nov 7. before the Texas Supreme Court.

Executor of Estate Sues Baker Botts

Texas Lawyer

Monday, October 22, 2012

The executor of the estate of a Houston man who died in September 2010 filed a negligence and negligent misrepresentation suit against Baker Botts on Oct. 10, alleging the firm made an estate-planning error that will cost the estate more than $1 million.

Lawyer Sues Former Client's Estate Over Warehoused Valuables

Texas Lawyer

Monday, December 5, 2011

Houston lawyer Valorie W. Davenport has sued the estate of former client Noble C. Ginther Jr.; Roger Howard; and his company, Roger Howard Appraisal Services Inc., alleging they sold property she was storing at a downtown Houston warehouse Ginther once owned and kept the proceeds.