Wills, Trusts & Estates Prof Blog

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

Wednesday, June 22, 2016

Texas Court Finds No Informal Fiduciary Relationship

Caregiver beneficiaryIn Garrett v. First State Bank of Central Texas, a Texas court of appeals decided on a dispute over the ownership of a decedent’s account. The decedent’s estate and caregiver both claimed the account proceeds. The caregiver was a signatory on the decedent’s money market account, and she claimed that the decedent had expressed his wishes for the account to pass to her upon his death. The trial court, however, ruled that her signature did not make her the beneficiary of the account rather just a signatory to pay bills. The court of appeals affirmed the trials court’s finding because often Texas courts are hesitant to find informal fiduciary relationships.

See J. Michael Young, Garrett v. First State Bank of Central Texas: No Informal Fiduciary Relationship, Texas Probate Litigation, June 20, 2016.

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


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