Estate of Donald Franklin Oderkirk, Jr et al v. Oderkirk Lewis et al, No. 4:2021cv00301 - Document 68 (S.D. Tex. 2023)

Court Description: MEMORANDUM AND ORDER granting in part and denying in part 61 , 62 . Defendants' motion for summary judgment is denied as to conversion and conspiracy, and Plaintiffs' motion for summary judgment is denied as to breach of fiduciary duty. Because Jacqueline lacks standing to assert the tort claims and request for declaratory judgment, Defendants' motion on those claims to the extent brought in her individual capacity is granted. Because Decedent's Trust terminated on 3/23/ 2015, Plaintiffs' motion for summary judgment is granted as to that issue. Because questions of law and fact remain as to whether the annuity is excluded from Decedent's Estate, Defendants' summary judgment motion is denied on that issue. (Signed by Magistrate Judge Peter Bray) Parties notified. (ghassan, 4)