Standing, estoppel, and orderliness of precedent

The Fifth Court summarized the current state of its precedent on the difficult interplay between estoppel and standing in probate cases: “In her answer to the will contest, Lisa Jo pled the affirmative defense of estoppel, and was therefore required to demonstrate Tia’s acceptance of the proceeds of the mutual fund was inconsistent with her challenge to the Will. . . . .Rather than satisfy her burden, Lisa Jo relied on a case that disagreed with our holding in Holcomb,and argued Tia was burdened with disproving estoppel. Declining an unacceptable invitation for one panel of this court to disregard the holding of another panel, we hold Lisa Jo failed to satisfy her burden, as the Will’s proponent, by failing to demonstrate that Tia accepted greater benefits than those to which she was entitled under the Will or intestacy laws.” In re Estate of Johnson, No. 05-18-01193-CV (Nov. 4, 2019) (unpubl.)