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[Back to Index] [Back to 2006 Texas Case Summaries]
In re Estate of Trevino, Estate AdministrationJurisdictionAppointment of ReceiverUnder a highly convoluted set of facts and court orders, Attorney for Executrix obtained a order from a statutory probate court for the appointment of a receiver to protect his contingency fee interest in a business constituting estate property he successfully recovered from a conflicting claimant. Executrix appealed. The appellate court affirmed. The statutory probate court
has jurisdiction over matters appertaining to or incident to an estate as well
as pendant and ancillary jurisdiction necessary to promote judicial efficiency
and economy. Moral: A statutory probate court has jurisdiction to appoint a receiver. Estate AdministrationIndependent AdministrationAppointment of ReceiverUnder a highly convoluted set of facts and court orders, Attorney for Executrix obtained a order from a statutory probate court for the appointment of a receiver to protect his contingency fee interest in a business constituting estate property he successfully recovered from a conflicting claimant. Executrix appealed. The appellate court affirmed. First, the court rejected
Executrix’s claim that the appointment of a receiver usurped her authority and
interfered with the independent administration of the estate. The court noted
that the probate court had pendant and ancillary jurisdiction even if those
matters were not appertaining or incident to an estate under Second, the court determined that the probate court did not abuse its discretion by appointing a receiver. The court engaged in a detailed review of the facts which showed that the appointment of a receiver was justified as a means of resolving years of litigation regarding the property. Moral: A receivership may be a useful technique to resolve complex or extended litigation involving estate property. |