A family may believe a house is “in the trust.” But when litigation begins, the important question is not what everyone remembers - it is what the deed and trust documents actually say.
In Callaway v. Pigg, a Tarrant County dispute involved a driveway, an easement, a revocable living trust, and an estate. The trustee and executor were treated as related representatives, but the property and legal rights at issue did not necessarily belong to the same legal owner.
The Fort Worth Court of Appeals examined the easement and the deeds in the chain of title. The executor argued that the estate should not have been included in the judgment because a deed conveyed the property to the trust. The court rejected that argument because the cited deed described a different property and the estate had also asserted its own claims.
That distinction matters in ordinary estate planning. A revocable trust may avoid probate for assets properly transferred to it, but only if title, beneficiary designations, and supporting documents are coordinated. The steps needed to put a particular asset under a trust depend on the asset, the trust document, and applicable law.
The practical lesson is to audit ownership, not just documents. Families should periodically compare:
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- Deeds against the trust’s asset schedule.
- Bank and investment titles against beneficiary designations.
- Mineral and royalty records against the estate plan.
- Easements and access agreements against the current property owner.
- The names used in contracts against the trustee, trust, executor, or estate.
In May 2026, the Texas Supreme Court dismissed the petition for review on the parties’ agreed motion. It did not vacate the appellate judgment in that order.
Still, the underlying planning lesson remains important: trust planning works only when the legal documents and ownership records tell the same story.
WG Law helps North Texas families with estate planning. Contact us to discuss your situation.
This article provides general legal information, not legal advice, and does not create an attorney-client relationship. Texas law and individual circumstances can affect the result.