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?
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).
Monday, December 10, 2012
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.
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.
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.