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.
“It’s not only a case of first impression, but trust professors everywhere are watching it because it’s the first one anywhere,” says Chad Baruch, a Rowlett solo who represents Reitz, who is the trust beneficiary and the respondent at the high court.
