This question has been addressed in 1 Texas court opinion:
COA02 — February 5, 2026
Following the death of Lonnie Ledbetter Jr., his children sued his surviving spouse, alleging she exerted undue influence to divert millions of dollars into a private trust. During evidentiary hearings, the spouse invoked her Fifth Amendment right against self-incrimination when questioned about her identity, and evidence emerged of suspicious, large-scale asset transfers. In response, the trial court took the 'sua sponte' (on its own motion) step of appointing a neutral receiver to manage the trust assets. The Fort Worth Court of Appeals analyzed Texas Civil Practice and Remedies Code § 64.001(a)(7) and equitable principles, determining that trial courts possess the inherent authority to protect the subject matter of litigation from dissipation. The court held that because a party’s invocation of the Fifth Amendment in a civil case allows for a negative inference, the trial court did not abuse its discretion in appointing a receiver to preserve the property while the lawsuit was pending.
Litigation Takeaway
“A trial court can exercise 'sua sponte' authority to appoint a receiver over disputed assets whenever equity requires it—meaning if a spouse is hiding assets or refusing to testify by invoking the Fifth Amendment, the court can immediately seize control of the property to prevent it from being squandered, even if neither party has filed a formal motion for a receivership.”