STANDING, CAPACITY, AND NECESSARY PARTIES IN TRUST LITIGATION Presented by: LAURIE RATLIFF, Austin Ikard Ratliff, PC Written by: FRANK N. IKARD, JR. ADAM HERRON Ikard Ratliff, PC Austin State Bar of Texas 42ND ANNUAL ADVANCED ESTATE PLANNING & PROBATE June 13-15, 2018 Dallas CHAPTER 15 © Frank N. Ikard, Jr. Laurie Ratliff Shareholder, IKARD RATLIFF P.C. 2630 Exposition Blvd., Suite 118 Austin, Texas 78702 [email protected] | 512.472.4601 BOARD CERTIFICATION Civil Appellate Law - Texas Board of Legal Specialization JUDICIAL CLERKSHIP and COURT EXPERIENCE Briefing Attorney - Seventh Court of Appeals, Amarillo (Justice John T. Boyd) Staff Attorney - Third Court of Appeals, Austin EDUCATION Texas Tech University School of Law - J.D. 1992 Research Editor, Texas Tech Law Review University of Texas at Austin - B.B.A. 1989 SELECTED COMMUNITY SERVICE, ACTIVITIES and HONORS St. Andrew’s Episcopal School – Board of Trustees (2016-19); Financial Development Committee member (2013-14; 2014-15); Co-Chair Annual Fund (2013-14; 2014-15) The Settlement Club (non-profit supporting The Settlement Home for Children) Board of Directors (2008-15) Selected as a Super Lawyer by Law & Politics and Texas Monthly magazine (2005-16) AV Peer Review Rating by LexisNexis Martindale-Hubbell Third Court of Appeals Pro Bono Committee member (2008-2014) Life Fellow, Texas Bar Foundation Past Chair, Travis County Bar Association Civil Appellate Section SELECTED PRESENTATIONS and PAPERS • “Case Law Update” UT 12th Annual Advanced Texas Administrative Law Seminar (September 2017) • “Case Law Update” SBOT 29th Annual Advanced Administrative Law Course (June 2017) • “Case Law Update” UT 11th Annual Advanced Texas Administrative Law Seminar (September 2016) • “Case Law Update” SBOT 28th Annual Advanced Administrative Law Course (June 2016) • “Case Law Update” UT 10th Annual Advanced Texas Administrative Law Seminar (August 2015) • “Case Law Update” SBOT 27th Annual Advanced Administrative Law Course (June 2015) • “Trial Court Motions Practice: Drafting Persuasive Motions and Effective Advocacy at the Hearing” Corpus Christi Bar Association 2015 Advanced Civil Trial Seminar: “The Ultimate Trial Notebook: From Case Screening to Verdict” • “Trial Court Motions Practice: Drafting Persuasive Motions and Effective Advocacy at the Hearing” SBOT 30th Annual Advanced Personal Injury Law Course (July – August 2014) • “What Happens After the Jury Verdict?” SBOT 38th Annual Advanced Estate Planning & Probate Course (June 2014) • “How to Draft Good Findings of Fact and Conclusions of Law” Texas Center for the Judiciary Winter Regional Conferences (Jan. 2014) • “Motions for Summary Judgment” SBOT Ultimate Motions Practice (Sept. 2013) • “Brought in on Appeal: Practical and Legal First Steps” SBOT 27th Annual Advanced Appellate Practice Course (Sept 2013) • “Transparency and its limits: Recent Court Pronouncements in the Area of Open Government” Real Estate Center at Texas A&M University 27th Annual Legal Seminar on Ad Valorem Taxation (August 2013) • “Administrative Case Law Update,” State Bar 25th Annual Advanced Administrative Law Course (June 2013) • “Conflict of Laws,” State Bar 37th Annual Advanced Estate Planning & Probate Court (June 2013) • “Winding down the trial gearing up for appeal” SBOT 26th Annual Advanced Appellate Practice Course (Sept. 2012) • “Administrative Case Law Update,” State Bar 24th Annual Advanced Administrative Law Course (June 2012) • “Fiduciary Duty to Disclose: Informal demand or formal discovery,” State Bar Fiduciary Litigation (Dec. 2011) • “Post Trial Preservation of Error: Practice, Procedure, & Strategy” State Bar Appellate Practice 101 (September 2011) • “Winding down the trial, gearing up for appeal: Tips to get your case from the trial court to the court of appeals,” Austin Bar Association Fourth Friday CLE Series (June 24, 2011) • “Property in transit: Implications of recent cases and strategy considerations” Texas Oil & Gas Association 2011 Property Tax Representatives Annual Conference (February 2011) (co-presenter) • “Appealing Bench Trials” State Bar Appellate Practice 101 (September 2010) • “Appealing Bench Trials” State Bar Nuts and Bolts of Appellate Practice (September 2009) • “Oil Tank Farm and Gas Storage Cases on Appeal” Texas Oil & Gas Association 2009 Property Tax Representatives Annual Conference (February 2009) (co-presenter) • “Case Law Update” Austin Bar Association Nuts & Bolts of Administrative Law Seminar (February 2009) • “Practice Before the Courts of Appeals” State Bar Appellate Boot Camp (September 2008) • “Jury Charge Issues” State Bar 31st Annual Advanced Civil Trial Course (August/September/November 2008) • “Midland Tank Farm Appeal Update” Texas Oil & Gas Association 2008 Property Tax Representatives Annual Conference (February 2008) (co-presenter) • “Not Just for Toxic Tort Cases: Strategic Use of Multidistrict Litigation Consolidation” 71 TEX. BAR J. 98 (2008) (co-author with Lynne Liberato) • “Preserving Issues in Post-Trial Motions” Austin Bar Association Civil Litigation Section Ultimate Trial Notebook Seminar (June 2007) • “Appellate Practice Tips Every Lawyer Needs to Know” Austin Bar Association First Friday CLE (December 2006) • “Multidistrict Litigation” 20th Annual Advanced Civil Appellate Practice Course (September 2006) • “Case Law Update” 7 TEX. TECH. ADMIN. L.J. 1 (Spring 2006) (co-author) • “Appeals Involving the Government” 19th Annual Advanced Civil Appellate Practice Course (September 2005) • “Case Law Update” Austin Bar Association Annual Advanced Administrative Law Seminar (2005, 2004, 2002) • “Supreme Court Update” College of the State Bar Summer School (co-presenter) (July 2005) • Austin Lawyer: “Third Court of Appeals Update” - monthly article (2001-present) • The Appellate Advocate: “Texas Supreme Court Update” - annual article (co-author) (2002-11) FRANK N. IKARD, JR. IKARD RATLIFF P.C. Attorney at Law 2630 Exposition Blvd., Suite 118 Austin, Texas 78703 (512) 472-2884 (phone) (512) 472-3669 (fax) [email protected] www.ikardratliff.com EDUCATION University of Texas, BA, 1965 University of Texas School of Law, J.D., 1968 PROFESSIONAL ACTIVITIES American College of Trust and Estate Counsel, o Fellow 1979 – present o Fiduciary Litigation Committee o State Laws Committee Austin Monthly’s Best Lawyers in Austin, 2002 Board Certified, Estate Planning and Probate Law, Texas Board of Legal Specialization 1977 - present Martindale-Hubbell Bar Register of Preeminent Lawyers 2004 Martindale-Hubbell “AV” rating Real Estate, Probate and Trust Law Section, State Bar of Texas o Past Member of Section Council o Past Chair of Section Council o Past member of Trust Code Committee o Past Chair of Legislative Committee Real Property Trust and Estate Law Section, American Bar Association Texas Academy of Real Estate, Probate and Trust Lawyers o Co-Founder o Past Chair of Board of Directors Texas Bar Foundation, Fellow 1991 – present Texas Super Lawyers (Texas Monthly Magazine) 2003, 2005-2017 The Best Lawyers in America, 1982-2014 The Texas Lawyer Go-To Guide, Top Notch Lawyer 2002 Who’s Who in American Law, sponsored by Marquis The Texas Lawyer Go-To Guide, Top Go-To Lawyer in the State of Texas, Trust & Estate Law 2007 COMMUNITY ACTIVITIES Admirals Club Chancellor’s Council, University of Texas Dean’s Round Table, University of Texas Law School – 2003 Greater Austin Crime Commission o Board of Directors, 1999 - present Paramount Theatre for the Performing Arts o President and Board Member Travis County MHMR Board o Board Member SPEECHES AND PUBLICATIONS Probate, Guardianship, and Trust Jurisdiction in Texas, September 1, 2016 Ten Things That Every Trust Beneficiary in Texas Should Know, May 2014 Current Developments in Trust Litigation, May 2013 Pitfalls in Trust Administration, May 2012 Issues Related to Remote Beneficiaries, State Bar of Texas, 34th Annual Advanced Estate Planning & Probate Course, June 2010 Exculpatory Clauses, Co-Author Lauren K. Davis, State Bar of Texas, Trial of a Fiduciary Litigation Case, December 2009 Trustees Duties to Disclose Information to Beneficiaries, June 2008. Between the Deaths: Planning and Administrative Challenges, Advanced Estate Planning Course, Santa Fe, April 2008 Utilizing Disclosure Rules to Obtain Discovery in Trust Litigation, Tarrant County Probate Litigation Seminar, Fort Worth, September 2008 Fort Worth Role of Guardian Ad Litem in a Trust Case, Texas Bar CLE 13th Annual Advanced Estate Planning Strategies Course, 2007 Trustee Duties and Fiduciary Litigation, Recent Developments In Trust Law. Dallas Bar Association, May 2006. Fiduciary Liability and Litigation: Are you a Target? Texas Bankers Association Advanced Trust Forum, November 2005. Recent Developments in Trust Litigation, Tri County Bar Association, January 2005. Fiduciary Litigation, Dallas Estate Planning Council, September 2004. Fiduciary Litigation, Executors & Trustees, Fiduciary Litigation Seminar, May 2004. Negotiating Fee Contracts and Recovering Fees in Fiduciary Litigation, Advanced Estate Planning Strategies, April 2004. Trust Litigation in Texas, Second Annual Probate Litigation Seminar, October 2003. Attorney Fee Contracts for Planning and Litigation, Advanced Estate Planning and Probate Course, San Antonio, Texas, June 2003. Negotiating Fee Contracts and Recovering Fees in Fiduciary Litigation, Travis County Bar Association, January 2003. The Nuts and Bolts of Fiduciary Responsibility and Risk Management, Texas Banker’s Association Personal