Larry Ackers v. Comerica Bank & Trust, N.A., Trustee of the Larry Ackers Generation Skipping Trust

Larry Ackers v. Comerica Bank & Trust, N.A., Trustee of the Larry Ackers Generation Skipping Trust

The dispute was ripe because it involved present rights of putative contingent remainder beneficiaries—specifically the right to receive trust information/accountings and the existence of an actual conflict caused by the trustee’s treatment of the Heirs—which the Trust Code allows contingent beneficiaries to litigate; therefore the mere contingency of a future distribution does not preclude justiciability.

Citation
Larry Ackers v. Comerica Bank & Trust, N.A., Trustee of the Larry Ackers Generation Skipping Trust
Parties
Petitioner (life Beneficiary): Larry Ackers; Respondent (successor Trustee): Comerica Bank & Trust, N.A., Trustee of the Larry Ackers Generation Skipping Trust
Court
Texas Supreme Court
Jurisdiction
United States
Judgment Date
28 October 2022
Case Number
21-0233
Procedural Posture
Trust Dispute; Declaratory Judgment Action Under Trust Code and Uniform Declaratory Judgments Act / Petition for Review to the Supreme Court of Texas Denied (concurrence Filed)
Outcome
Petition for review denied (Justice Busby concurring in denial and explaining ripeness analysis)
Legal Topics
Ripeness, Contingent Remainder Interests, Beneficiary Rights to Information and Accounting, Trustee Duties and Confidentiality, Declaratory Relief, Standing/interested Persons Under Trust Code
Source Language
English
Trusts Estate Law Civil Procedure Fiduciary Duty Ripeness Contingent Remainder Interests Beneficiary Rights to Information and Accounting Trustee Duties and Confidentiality +2 more

Case Brief

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Parties

Larry Ackers

Petitioner (life Beneficiary)

Comerica Bank & Trust, N.A., Trustee of the Larry Ackers Generation Skipping Trust

Respondent (successor Trustee)

Procedural Posture

Trust Dispute; Declaratory Judgment Action Under Trust Code and Uniform Declaratory Judgments Act / Petition for Review to the Supreme Court of Texas Denied (concurrence Filed)

Legal Issues

  1. 1 Whether a suit to determine whether putative beneficiaries are contingent remainder beneficiaries is ripe for judicial resolution
  2. 2 Whether putative contingent beneficiaries have present rights (eg, to trust information/accountings) that make the controversy justiciable before trust termination
  3. 3 Whether a trustee’s act of sending account statements to putative beneficiaries confers or indicates beneficiary status for purposes of judicial relief

Ratio Decidendi

The dispute was ripe because it involved present rights of putative contingent remainder beneficiaries—specifically the right to receive trust information/accountings and the existence of an actual conflict caused by the trustee’s treatment of the Heirs—which the Trust Code allows contingent beneficiaries to litigate; therefore the mere contingency of a future distribution does not preclude justiciability.

Court Disposition

Petition for review denied (Justice Busby concurring in denial and explaining ripeness analysis)

Orders

  • Petition for review denied