Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, September 10, 2014

New Case: Gossett v. Back

 

GavelKatie Gosset, acting as attorney-in-fact for her mother Lola Chenoweth, used her power of attorney to transfer her mother’s home to herself about two weeks before her mother died. Gosset was named in Chenoweth’s will as independent executrix of her mother’s estate. Gosset’s biological daughter Kimberly Back, challenged the transfer of property and Gosset’s position as executrix since the only way for the estate to challenge the transfer would be for Gosset to bring the challenge against her own interest. Back was named as an alternative independent executrix under Chenoweth’s will and claimed that she had been legally adopted by Chenoweth, which entitled her to a share under the will. Back’s arguments were successful in probate court and she was named as independent executrix due to Gosset being deemed unsuitable for the position. Gosset appealed the decision, but the Dallas Court of Appeals affirmed the probate court in Gossett v. Back.

See J. Michael Young, Court Finds Designated Executor Unsuitable, Texas Probate Litigation, Aug. 26, 2014.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2014/09/new-case-gossett-v-beck.html

Estate Administration, Estate Planning - Generally, New Cases | Permalink

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