Winstead PC (@WinsteadPC) | Aguea

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Winstead PC

@WinsteadPC

Jun 12

Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based On The Trustee’s Discretion To Make Distributions And An... jdsupra.com/legalnews/court-…

Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based...

In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No....

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Winstead PC

@WinsteadPC

Jun 12

Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent jdsupra.com/legalnews/texas-…

Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent

The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to the testator’s...

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Winstead PC

@WinsteadPC

Jun 9

One Year In: Practical Insights from Tennessee’s Infrastructure District Frontier (Part 1 of 5) jdsupra.com/legalnews/one-ye…

One Year In: Practical Insights from Tennessee’s Infrastructure District Frontier (Part 1 of 5)

When Tennessee enacted the Real Estate Infrastructure Development Act of 2025 (codified at Tenn. Code Ann. § 7-84-801 et seq.), the legislation opened a powerful new door for developers and...

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Winstead PC

@WinsteadPC

Jun 1

CFTC Letter 25-50: Revival of the QEP Exemption from CPO Registration Offers Reduction in Compliance Burden jdsupra.com/legalnews/cftc-l…

CFTC Letter 25-50: Revival of the QEP Exemption from CPO Registration Offers Reduction in Complia...

The U.S. Commodity Futures Trading Commission’s (“CFTC”) Market Participants Division (the “Division”) issued No-Action Letter No. 25-50 (the “No-Action Letter”) on December 19, 2025, effectively...

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Winstead PC

@WinsteadPC

May 27

Designing Planned Community Documents to Reduce Defect Litigation Exposure jdsupra.com/legalnews/design…

Designing Planned Community Documents to Reduce Defect Litigation Exposure

A recent article in the Wall Street Journal (“Home Builders Are Getting Buried in Claims of Shoddy Construction”) highlighted the growing wave of construction defect litigation facing...

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Winstead PC

@WinsteadPC

May 27

SEC Announces New Inflation-Adjusted Qualified Client Thresholds jdsupra.com/legalnews/sec-an…

SEC Announces New Inflation-Adjusted Qualified Client Thresholds

Beginning on June 29, 2026 (the “Effective Date”), SEC-registered investment advisers charging performance-based fees (e.g. carried interest or performance allocation) and in certain cases exempt...

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Winstead PC

@WinsteadPC

May 22

Institutional Ownership of Single-Family Housing and Build-to-Rent Communities: Emerging Regulatory Trends and What Developers Need to Know jdsupra.com/legalnews/instit…

Institutional Ownership of Single-Family Housing and Build-to-Rent Communities: Emerging Regulatory...

Over the past several years, institutional ownership of single-family rental housing has become an increasingly significant political and regulatory issue at both the federal and state levels.

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Winstead PC

@WinsteadPC

May 19

Institutional Ownership of Single-Family Housing and Build-to-Rent Communities: Emerging Regulatory Trends and What Developers Need to Know jdsupra.com/legalnews/instit…

Institutional Ownership of Single-Family Housing and Build-to-Rent Communities: Emerging Regulatory...

Over the past several years, institutional ownership of single-family rental housing has become an increasingly significant political and regulatory issue at both the federal and state levels.

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Winstead PC

@WinsteadPC

May 8

Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments jdsupra.com/legalnews/texas-…

Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses...

In In re Est. of Lopez, Guadalupe Lopez, Jr. applied for independent administration and heirship determination after his father’s death. 724 S.W.3d 847 (Tex. 2025).

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Winstead PC

@WinsteadPC

May 8

Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate Court jdsupra.com/legalnews/court-…

Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No...

In Shaw v. Simpson, Sarah Shaw inherited her husband Shad’s business interests after his intestate death in 2018. No. 13-23-00549-CV, 2025 Tex. App. LEXIS 8545 (Tex. App.—Corpus Christi November...

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Winstead PC

@WinsteadPC

Apr 21

Winstead is pleased to announce the opening of our Atlanta office with the addition of seven attorneys. Christina Graham, Michael Rhim, Matt Sours, and Pelham Wilder join the firm as Shareholders, along with Tammi Parker as Of Counsel, and John Cagigas and Catherine Nunez as Associates. Read the full announcement here: winstead.com/News/Firm-News/… #JoinWinstead #RealEstateDevelopment #Atlanta #Georgia

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Winstead PC

@WinsteadPC

Apr 20

The Condo Supply Problem, Part 3: HOA Fees Are the Symptom, Not the Cause jdsupra.com/legalnews/the-co…

The Condo Supply Problem, Part 3: HOA Fees Are the Symptom, Not the Cause

In Part 1 of this series, I discussed why Texas is only partway toward a solution to the condominium supply problem, focusing on the need for continued statutory reform, including modernization...

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Winstead PC

@WinsteadPC

Apr 15

Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial jdsupra.com/legalnews/court-…

Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting...

In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App....

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Winstead PC

@WinsteadPC

Apr 15

UPDATE - Texas Senate Bill 17 jdsupra.com/legalnews/update…

UPDATE - Texas Senate Bill 17

In March 2026, the Texas Attorney General issued a press release and proposed rules to implement and enforce SB 17, providing our first substantive insight into how the statute is expected to...

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Winstead PC

@WinsteadPC

Apr 6

Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest jdsupra.com/legalnews/court-…

Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary...

In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025,...

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Winstead PC

@WinsteadPC

Apr 6

Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty jdsupra.com/legalnews/court-…

Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty

In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex....

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Winstead PC

@WinsteadPC

Mar 31

The Condo Supply Problem, Part 2: What Fannie Mae’s Newest Lender Letter (LL-2026-03) Does - and Why It Matters for Affordability jdsupra.com/legalnews/the-co…

The Condo Supply Problem, Part 2: What Fannie Mae’s Newest Lender Letter (LL-2026-03) Does - and...

In my prior post on the condominium supply problem, I focused on a central issue: the market is not failing to produce housing generally, it is failing to produce attainable housing at scale....

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Winstead PC

@WinsteadPC

Mar 26

Mixed-Use Governance: Forward Marketability jdsupra.com/legalnews/mixed-…

Mixed-Use Governance: Forward Marketability

When we prepare governance documents for mixed-use projects—particularly those with meaningful commercial components intended for conveyance to an unrelated third-party or long-term lessee—we are...

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Winstead PC

@WinsteadPC

Mar 26

Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent jdsupra.com/legalnews/texas-…

Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust...

In Inwood Nat’l Bank v. Fagin, Christy Fagin, owner of over two million shares of Inwood Bancshares, Inc., which was her separate property, entered into a trust with her husband Kyle as the...

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