In re Estate of Trevino, 195 S.W.3d 223 (Tex. App.—San Antonio 2006, no pet.).

Estate Administration

Jurisdiction

Appointment of Receiver

 

Under 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. Probate Code § 5. Accordingly, the court had jurisdiction to appoint a receiver.

Moral: A statutory probate court has jurisdiction to appoint a receiver.

 

Estate Administration

Independent Administration

Appointment of Receiver

 

Under 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 Probate Code § 5(i).

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.



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