A case about undue influence that is still talked about in Texas and around the country, began in Houston in 1994 when Vickie Lynn Marshall, known to the public as Anna Nicole Smith, age 26, married Texas billionaire, J. Howard Marshall, age 89. Just 14 months later, the billionaire died. And to Smith’s surprise, she was left out of the will. Thus began 15 years of litigation. Smith sued the estate, claiming that J. Howard’s son, E. Pierce Marshall, used undue influence on his father to convince the elderly billionaire to leave her out of the will. The case made its way … [Read more...]
Constructive Trusts: What You Need to Know
Trusts are generally written legal documents in which people transfer ownership of their property to others, either while the owners are still living or after their death. There are times when the conduct of the parties is different than the wording of a trust document, or there is no document. In these cases, the court may impose a constructive trust in order to have a fair result consistent with the original intent of the parties. Characteristics of a Constructive Trust The concept of a constructive trust can be confusing. This type of trust arises when one … [Read more...]
