Casillas v. Cano, 79 S.W.3d 587 (Tex. App.—Corpus Christi 2002, no pet.).
Settlor established an inter vivos trust naming Daughter as both a
cotrustee and beneficiary. After Settlor’s death, Daughter contended
that she could act on behalf of Settlor with regard to a lawsuit which
was pending when Settlor died.
The court rejected Daughter’s claim. The Trust Code grants a trustee a
full range of powers to fully represent the interests of the trust.
However, these powers do not include permitting a trustee to represent a
settlor or the settlor’s estate. Thus, Daughter has no standing to
prosecute the appeal on behalf of Settlor or her estate.
Moral: A trustee does not have the ability to represent a settlor or the
settlor’s estate.
Casillas v. Cano, 79 S.W.3d 587 (Tex. App.—Corpus Christi 2002, no pet.).
A judgment existed against Intestate at the time of her death. Heir
filed an appeal without first being appointed as the administrator of
Intestate’s estate. The court held that based on McCampbell v.
Henderson, 50 Tex. 601 (1879), Heir could represent herself in the
appeal if she can demonstrate that (1) she is actually an heir, (2) no
administration is pending or planned on Intestate’s estate, (3) no
personal representative has been appointed, and (4) no administration is
necessary or desired by individuals interested in Intestate’s estate.
Moral: A person attempting to appeal a decision against a now-deceased
person should either be appointed as the personal representative or be
certain to prove the facts necessary to demonstrate the person’s right
to maintain the appeal.