Second Court of Appeals

Week of August 10, 2026

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 10, 2026.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

  

In re Estate of Fuchsman, No. 02-25-00218-CV (Aug. 13, 2026) (Birdwell, J., joined by Kerr and Wallach, JJ.).

Held:  Under Sections 352.002 and 352.004 of the Texas Estates Code, when a probate court has authorized the sale of real property that includes the payment of a realtor’s or broker’s commission and otherwise finds that there has been no mismanagement or maladministration of the decedent’s estate, there is no basis for denying, reducing, or otherwise disallowing a statutory administrator’s commission on the cash proceeds that the estate receives from the sale. Thus, as a matter of law, the probate court abused its discretion by denying Appellant any statutory administrator’s commission on qualifying cash receipts due to the payment of real estate agent or brokerage commissions on the sales of real property owned by the Estate.