- Upcoming Webinar—Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees(10.15.24)
- Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document(10.10.24)
- Author David F. Johnson Makes 2024 Texas Super Lawyers® Top 100 Texas Super Lawyers List(10.02.24)
- Court Affirmed Order Reinstating Receivership While Case Was On Appeal(10.02.24)
- Court Affirmed A Judgment For An Estate Because The Personal Represented Participated In The Case(09.18.24)
- Court Reversed Summary Judgment On Whether A Person Was The Current Trustee And On Certain Modification Claims But Affirmed Summary Judgment Rejecting Termination Of The Trust And On Other Modification Claims(09.09.24)
- Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust(09.01.24)
- Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust(08.25.24)
- Personal Tribute For Author's Parents(08.25.24)
- Court Affirmed The Removal Of An Executor For Gross Mismanagement(08.20.24)
- Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had Primary Jurisdiction(08.10.24)
- Court Determined That A Deed Did Not Create A Trust(08.04.24)
- Court Affirmed Dismissing Application To Probate Foreign Will(07.27.24)
- Presentation: Fiduciaryize Your Case(07.24.24)
- Court Affirms Summary Judgment For An Executrix's Estate Based On Limitations(07.16.24)
- Court Affirmed Order Admitting Will To Probate Over Undue Influence Allegation And Over An Alleged Subsequent Holographic Codicil To An Earlier Will(07.16.24)
- Court Affirmed The Trial Court's Refusal To Probate A Will Due To The Statute Of Limitations(07.10.24)
- Upcoming Webinar: Releases in Trust Disputes(07.01.24)
- Presentation: Trustee's Ability To Retain And Compensate Attorneys In Texas(06.20.24)
- Court Construed Holographic Will To Devise Certain Property To A Granddaughter(06.05.24)
- Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms(05.22.24)
- Court Held That Estate Beneficiary Was Not Entitled To Jury Trial On Ratification Of Attorney's Fees Agreement(05.22.24)
- Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy(03.18.24)
- Upcoming Webinar: Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas(03.06.24)
- Court Held That Deed For Common Area To Homeowners' Association Did Not Create A Trust For The Members(03.06.24)
- David Johnson Receives the 2024 JD Supra's Readers' Choice Award - Top Author in Wealth Management(03.05.24)
- Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust Was Terminated And A Disclaimer Was Effective, And Affirmed An Award Of Attorney's Fees Against The Trustee And A Refusal To Allow A Trustee To Reimburse Herself From Trust Assets(02.25.24)
- Court Held That A Trust Terminated Upon The Primary Beneficiary's Death And That The Trustee Did Not Have Authority To Accept New Assets As A Part Of Its "Winding Up" Authority(02.10.24)
- Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations(01.28.24)
- Financial Services Fiduciary Litigation Update 2022-2023(12.20.23)
- Texas Supreme Court To Review Joinder Issue In A Trust Dispute(12.19.23)
- Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?(12.19.23)
- Texas Court Holds That Venue Is Appropriate In County Where The Trustee Resided Under The Texas Trust Code, Which Trumps Other Venue Statutes(12.12.23)
- Texas Court Approves Accounting In An Estate Dispute(12.12.23)
- Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties(12.01.23)
- Colorado Case Holds That A Beneficiary's Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes Irrevocable(12.01.23)
- Courts Have Ordered Trial Courts To Grant TCPA Motions To Dismiss Based On No-Contest Clause Claims(11.10.23)
- Court Holds That TCPA Does Not Apply To Claim Involving Beneficiaries Opposing A Trustee's Decision To Bring Claims Against Third Parties(11.01.23)
- Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust(10.27.23)
- Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief(10.10.23)
- Recorded Webinar: Issues Regarding The Attorney-Client Privilege For Trustees In Texas(10.03.23)
- Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined(10.02.23)
- Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will(10.02.23)
- Upcoming Webinar: Issues Regarding the Attorney-Client Privilege for Trustees in Texas.(09.15.23)
- Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined(09.10.23)
- Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee(09.06.23)
- Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty(08.26.23)
- Court Affirms Order Voiding Marriage Between Decedent And His Niece(08.26.23)
- Court Affirmed Temporary Injunction Precluding A Surviving Spouse From Acting As Trustee Of A Trust(08.14.23)
- Court Of Appeals Affirmed Findings Of Breach Of Fiduciary Duty Against Wife In Divorce Proceeding(08.14.23)
- Texas Supreme Court Holds That Law Firm Could Not Redeem A Departing Partner's Shares For No Value Under The Parties' Shareholder Agreement(06.25.23)
- Federal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee(06.19.23)
- Court Granted Mandamus Relief To Vacate A Temporary Restraining Order In A Fiduciary Case(06.14.23)
- Presentation: A Trustees Duties to Disclose(06.13.23)
- Court Affirmed A Judgment That A Will Was Invalid Due To Mental Incapacity(05.31.23)
- Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property(05.14.23)
- Court Discusses Holding An Executor In Contempt For Commingling Property(05.14.23)
- Presentation: Trust Issues in Divorce Proceedings(05.08.23)
- Presentation - The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery(05.05.23)
- Presentation —When One Is Not Enough: Dividing Fiduciary Powers and Dispositions(05.04.23)
- Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not Impact Trust And Estate Disputes(05.04.23)
- Court Affirmed Removal Of An Administratrix For Gross Mismanagement(04.30.23)
- Court Reversed The Appointment Of A Successor Independent Administrator Of An Estate(04.30.23)
- Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee's Estate From Claims And Discusses the "Full Knowledge" Requirement For Enforcing Releases In Fiduciary Relationships(03.26.23)
- Court Affirmed The Decision To Not Probate A Copy Of A Lost Will(03.19.23)
- Court Affirmed An Order Holding That A Deceased Astronaut's Artifacts Were His Separate Property(03.10.23)
- Appellate Court Affirmed An Order Denying A Beneficiary's Request For Injunctive Relief To Require A Trustee To Reimburse The Trust For Attorney's Fees Spent Defending Breach Of Fiduciary Duty Claims(03.01.23)
- Financial Services Webinar - Use of Limitation-of-Liability Clauses in Fiduciary Relationships(02.23.23)
- Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust(02.20.23)
- The More the Merrier? Issues Arising from Co-Trustees Administering Trusts(02.08.23)
- The Texas Supreme Court Affirms A Summary Judgment For A Fiduciary Defendant Based On The Statute Of Limitations And The Duty To Use Reasonable Diligence To Discover Claims(02.08.23)
- Presentation: Limitation of Liability Clauses in Business Contracts(02.07.23)
- New Texas Bill Would Provide Qualified Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary(01.31.23)
- Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets(01.30.23)
- Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court(01.30.23)
- Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man's Rule Arising From Claim That He Failed To Change A Beneficiary Designation(01.16.23)
- Federal Court Dismissed Some But Not All Claims Against Individuals And Entities Arising Out Of Operation Of A Limited Partnership(01.16.23)
- Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary(11.14.22)
- Court Refused Mandamus Relief Due To Party's Failure To Ask Trial Court To Issue New Special Needs Trust(11.14.22)
- Texas Supreme Court Justice Authors Opinion Arguing That Claim Regarding Contingent Remainder Beneficiary Status Was Ripe(10.29.22)
- Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document(10.17.22)
- Appellate Court Denies Mandamus Regarding A Trial Court's Initial Disclosure Order In An Estate Case(10.02.22)
- Appellate Court Affirms Findings That Decedent's Will Was Not A Product Of Undue Influence And That He Had Mental Capacity(10.02.22)
- Presentation: The More The Merrier: Issues Arising From Co-Trustees Managing Trusts(09.23.22)
- Presentation: Voir Dire (In a Post COVID World)(09.21.22)
- Presentation: Fiduciary Compensation and Forfeiture(09.20.22)
- Court Held That Those In Control Of A Limited Liability Company May Owe Fiduciary Duties To The Company And Its Members(08.29.22)
- Employee's Fiduciary Duty May Not Be Limited To His Or Her Employer(08.29.22)
- Webinar Series: Financial Services - Advising Trustees Who Manage Closely-Held Business Interests(08.10.22)
- Court Construed A Will To Provide That Mineral Interests Were Devised To The Surviving Daughter's Family And To Cut Out A Predeceased Daughter's Family(08.05.22)
- Court Reversed Order Admitting A Will To Probate As A Muniment Of Title Due To The Statute Of Limitations(08.05.22)
- Presentation: Advising Trustees Who Manage Closely-Held Business Interests(07.05.22)
- Court Affirmed Summary Judgment For Bank On Non-Customer's Aiding And Abetting Breach Of Fiduciary Duty Claim(06.27.22)
- Partner Had Capacity To Sue Other Partner For Breach Of Fiduciary Duty(06.27.22)
- Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner(06.21.22)
- Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For Constitutional Review(06.21.22)
- Trustee Quandary: Criminal Activity By A Beneficiary With Or On Trust Property(06.16.22)
- Court Affirmed Order Denying A Family Allowance(06.13.22)
- Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed Expert Testimony Issues(06.13.22)
- Suing Attorneys In Texas For Participating in Fiduciary Breaches(06.04.22)
- Appellate Court Rules On Supersedeas Issues For Appeal Of Breach Of Fiduciary Duty Judgment(05.30.22)
- Presentation: Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation(05.26.22)
- Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings(05.24.22)
- Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement(05.23.22)
- Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed Contingent Beneficiary Can Have Standing To Sue(05.15.22)
- Texas Passes A New Law To Punish Elder Financial Abuse(05.15.22)
- Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings(05.10.22)
- Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client(04.29.22)
- Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging All Potential Grounds Upon Which The Order Was Based(04.29.22)
- Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver(04.22.22)
- Court Reversed Order Appointing Temporary Administrator Due To A Lack Of A Bond(04.22.22)
- Court Held That A Beneficiary's Claims Against The Estate Of The Trustee Was Not Barred By Limitations(04.13.22)
- Texas Court Held That Wife's Trust Funds Were Her Separate Property And Was Not Converted To Community Property Despite Being Transferred To A New Trust(04.04.22)
- Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical Witness And From An Anesthesiologist(04.04.22)
- Federal Court Denies Defendant Banks' Motion For Summary Judgment On Plaintiffs' Knowing Participation In Breach Of Fiduciary Duty Claim In Stanford Ponzi Scheme Case(03.27.22)
- Appellate Court Held That It Did Not Have Jurisdiction Over A Probate Court's Order Denying A Motion For Summary Judgment And Motion To Vacate Appointment Of A Successor Administrator(03.27.22)
- Presentation: Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas(11.05.21)
- Presentation: Breach of Fiduciary Duty Claims Against Trustees/Managers of Closely Held Businesses(11.05.21)
- David Fowler Johnson Named American College of Trust and Estate Counsel Fellow(11.05.21)
- Court Reverses Receivership In Trust Dispute Where It Failed To Require The Applicant To Post A Bond(10.22.21)
- Court Holds That Trust Owned Mineral Interests And Not The Settlor's Wife(10.22.21)
- FSIG Webinar - Distributions from Trusts in Texas: Part Two(10.11.21)
- Presentation: Practical Issues Concerning Power of Attorney Transactions(10.11.21)
- Presentation: Fiduciary Litigation Update 2020-2021(10.11.21)
- Court Holds That Promissory Note Did Not Allow Partial Conversion To Equity(10.10.21)
- Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions(10.10.21)
- Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A Corporation(09.26.21)
- Court Holds That Shareholder Derivative Suit May Proceed Against An Officer Without A Pre-Suit Demand Where The Case Involved A Closely-Held Corporation(09.26.21)
- Corporate Trustee's Statements May Suffice For A Statutory Accounting(09.22.21)
- A Limitation-Of-Liability Clause May Or May Not Be Enforceable For Breach Of Fiduciary Duty Claims(09.11.21)
- Business Divorce: Minority Shareholder Rights In Texas(09.07.21)
- Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights(08.27.21)
- Relative Had Standing To Assert Slayer Statute And Declaration Regarding Rights To Insurance Proceeds Over Victim's Estate(08.20.21)
- Shareholder Agreements Are Very Powerful In Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock In A Corporation(08.20.21)
- Court Discusses De Facto Trustee Status In Texas(08.10.21)
- Presentation: Breach of Fiduciary Duty Claims Against Trustees/Managers of Closely-Held Businesses(08.02.21)
- Business Divorce: Court Affirms Jury Finding That A Manager Did Not Breach Her Fiduciary Duties(07.28.21)
- Presentation: The More The Merrier? Issues Arising From Co-Trustees Administering Trusts(07.27.21)
- Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets(06.29.21)
- Wife's Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of Repose(06.29.21)
- Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee's Estate From Claims(06.16.21)
- Business Divorce: Exiting Member of LLC May Still Owe Fiduciary Duties(06.16.21)
- Court Reversed Temporary Injunction Against Co-Trustees(06.09.21)
- Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will(05.28.21)
- Texas Legislature Extends The Rule Against Perpetuities To 300 Years For Trusts(05.27.21)
- Distributions from Trusts in Texas: Part One of a Two Part Series(05.18.21)
- Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court's Personal Jurisdiction(05.16.21)
- Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law(05.09.21)
- Business Divorce: Partnership Agreement Was Invalid Where It Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership(04.28.21)
- Insurance Broker Does Not Ordinarily Owe Fiduciary Duties To A Client(04.17.21)
- Administrator Of An Estate Has The Power To Seek The Partition Of Community Property(04.17.21)
- Business Divorce: Court Held That Parties Did Not Form A Partnership Where Certain Express Conditions Precedent Were Not Met(04.10.21)
- Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse(04.10.21)
- Business Divorce: Court Affirms Denial Of SLAPP Motion Regarding Partnership Divorce Suit(04.10.21)
- Business Divorce: Court Held That Parties Did Not Form A Partnership Where Certain Express Conditions Precedent Were Not Met(03.29.21)
- Courts Rule On Jurisdictional Issues Involving Probate Orders(03.29.21)
- New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary(03.15.21)
- Court Affirmed Trial Court's Reformation Of A Will To Omit The Word "Personal" From The Term "Property" In A Residuary Clause(03.13.21)
- Business Divorce: Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company's Assets(03.08.21)
- Tricks, Traps, and Snares in Appealing a Summary Judgment in Texas(03.03.21)
- Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate's Licensee Because Its In-House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship(02.27.21)
- Webinar Series: Financial Services Trustees' Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?(02.25.21)
- Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous(02.13.21)
- Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies(02.05.21)
- Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit(02.05.21)
- Fiduciary Compensation and Forfeiture in Texas(02.04.21)
- Webinar Series: Financial Services - Trustees' Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?(01.26.21)
- Bankruptcy Court Discussed The Fiduciary Duties Owed To A Limited Liability Company And Its Creditors By Its Manager(01.26.21)
- Court Holds That Allegations Related To A Trustee's Filing Of Suit Did Fall Under The Protection Of The Texas Citizens Participation Act, That A Trustee's Actions To Modify Administrative Terms Did Not Trigger An In Terrorem Clause, But That Other Actions Unrelated To Suit Filings Were Not Protected From The Act(01.26.21)
- Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Customer(01.18.21)
- Court Affirmed An Order Modifying A Trust Where The Complaining Beneficiaries Were Not Affected By The Modification, Where The Modification Was Not Contrary To The Purpose Of The Trust, And Where The Beneficiaries Waived Their Right To A Jury Trial(01.18.21)
- Court Holds That Purchaser Of Partnership Property Was Not Liable For Aiding And Abetting A General Partner's Breach Of Fiduciary Duty(01.13.21)
- Court Holds That Holographic Will Was Not Valid As There Was No Signature(01.13.21)
- Court Held That The Term "Spouse" In A Trust Meant The Primary Beneficiary's Wife At The Time Of The Trust's Execution And Not A Subsequent Wife(01.03.21)
- Court Reverses Turnover Order That Disregarded A Trust Where The Trustee Was Not A Party To The Proceeding(01.03.21)
- Court Holds That Venue For Suit Over Royalties By A Trustee Was Proper Due To Statutory Venue Provision Even Though The Suit Did Not Pertain To The Trust(12.18.20)
- Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To Insureds(12.18.20)
- Recorded Webinar - Fiduciary Litigation Update: 2019-2020(12.15.20)
- Presentation: Trustees' Ability To Retain And Compensate Attorneys In Texas(12.11.20)
- Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty(12.06.20)
- Use Of Equitable Defenses In Breach Of Fiduciary Duty Litigation(12.06.20)
- Court Affirmed Finding That An Applicant Was Not Equitably Adopted Where There Was No Evidence Of An Agreement To Adopt The Applicant(11.25.20)
- Court Addresses Claims Against A Trustee Arising From The Management Of A Limited Partnership Interest(11.18.20)
- Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company Assets, And Dereliction Of Duties(11.09.20)
- Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate(11.01.20)
- Court Reverses Receivership Order In Partnership Dispute Because The Probate Court Did Not Have Jurisdiction To Enter A Rehabilitative Receivership(11.01.20)
- Presentation: Administering Trusts in Recessions: Trust Loans to Beneficiaries(10.29.20)
- Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of Co-Executors Was Appropriate(10.23.20)
- Court Correctly Dismisses Breach Of Fiduciary Duty Suit Against Employee For Reporting Owner's Criminal Behavior(10.23.20)
- Court Affirms The Equitable Forfeiture Of A Manager's Partnership Interest Due To Breach Of Fiduciary Duty And Discussed Interesting Jury Instruction Issues(10.16.20)
- Court Had Jurisdiction To Declare That The Majority Of Co-Trustees Had The Authority To Sell Trust Property And The Declaration Was Proper(10.07.20)
- Court Affirmed Summary Judgment For Successor Trustees Due To A Clause Stating That They Had No Duty To Investigate Former Trustee's Actions(09.30.20)
- Recorded Webinar: Co-Trustees Managing Trusts In Texas(09.24.20)
- Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction(09.22.20)
- Presentation: Pre-Trial Receiverships(09.14.20)
- Receiverships in Trust and Estate Litigation in Texas(09.13.20)
- Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record(09.11.20)
- Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages(08.23.20)
- Court Granted Mandamus Relief To Reverse A Probate Court's Order Transferring A Case To A District Court(08.23.20)
- Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved(08.13.20)
- A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim(08.13.20)
- Presentation: Remedies for Breach of Fiduciary Duty Claims(08.10.20)
- Old College Friends Do Not Generally Owe Fiduciary Duties To Each Other(07.25.20)
- Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility(07.25.20)
- Attorney For Lender Did Not Owe Any Fiduciary Duties To Borrower As An Escrow Agent(07.15.20)
- Appellate Court Held That Judgment Construing A Trust Was Enforceable And Had Effect When The Trust Was Later Challenged(07.15.20)
- Court Holds That Decedent's Residence Was Homestead That Was Exempt From Claims Against Her Estate(07.03.20)
- What Did He Say? A Court Reverses A Statutory Probate Court's Order Because There Was No Record(07.03.20)
- Author David Johnson Named to TBLS Board of Directors(06.19.20)
- Companies Should Know When Their Customers Die: Court Rendered Judgment For An Estate Who Was Sued By An Annuity Company For Overpayments(06.19.20)
- Court Held A Claim For An Heirship Proceeding Was Barred By Limitations Even Though A New Statute Provides For No Limitations For Heirship Proceedings(06.13.20)
- Court Rejected A Trustee's Objection To Personal Jurisdiction In His Individual Capacity But Affirmed The Objection In His Capacity As Trustee(06.13.20)
- Court Affirms Default Judgment Against A Foreign Corporate Fiduciary Because Service Was Proper Under The Texas Estates Code(06.04.20)
- Texas Supreme Court Holds That There Was No Trust Protecting Church Assets And A Withdrawing Faction Was Entitled To Those Assets(06.04.20)
- Court Affirmed A Trial Court's Holdings On The Removal Of A Trustee, The Trustee's Discretion To Construe A Trust, A Trustee's Advice Of Counsel And In Terrorem Defenses, And The Termination Of A Trust (05.30.20)
- Texas Supreme Court Held That The Reformation Statute For The Rule Against Perpetuities Could Apply To An Instrument Created By A Corporation Because Corporations Can Create Inter Vivos Trusts(05.30.20)
- Administering A Trust In A Recession: Securing Loans For Beneficiaries(05.22.20)
- Magistrate Suggests Dismissing A Settlor's Claim Against Trust Protector Because Of A Lack Of Fiduciary Duty(05.13.20)
- Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition(05.13.20)
- Presentation: Joint Account Litigation in Texas(04.30.20)
- David Fowler Johnson Again Receives JD Supra's Readers' Choice Award for Texas Fiduciary Litigator Blog(04.30.20)
- Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney's Fees Claim Was Still Unresolved(04.27.20)
- Texas Probate Court Did Not Have Subject Matter Jurisdiction Over A Title Dispute To Real Property In Louisiana(04.27.20)
- Recorded Webinar—Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries(04.21.20)
- Notary Services In A World of Social Distancing: Texas Temporarily Allows For Videoconference Notarization In Addition To Online Notary Services(04.17.20)
- Texas Courts Conflict On Whether Contingent Remainder Beneficiaries Have Standing To Assert Claims Regarding Trust Administration(04.17.20)
- Notary Services In A World of Social Distancing: Online Notarization(04.07.20)
- Federal Court Magistrate Recommends Dismissing Borrower's Breach Of Fiduciary Duty Claim Against A Mortgage Servicer As There Was No Fiduciary Relationship(04.07.20)
- Court Holds That A Deceased Testamentary Trust Beneficiary Can Still Be A Beneficiary(04.07.20)
- Webinar: Administering a Trust In a Recession-Issues Surrounding Trust Loans to Beneficiaries (April 21)(04.07.20)
- Administering Trusts In A Recession: The Support Trust/HEMS Distribution Standard(03.31.20)
- Why Wait To Appeal? Texas Has A Permissive Appeal Statute That Allows Parties To Appeal Interlocutory Orders If Certain Conditions Exist(03.25.20)
- In A Venue Dispute, Court Held That A Personal Injury Claim Against An Estate Representative Could Be Filed In The County Where The Estate Was Pending(03.18.20)
- Court Holds That Devise Of "Personal Property" In A Will Included Tangible And Intangible Property, Including Money In Bank Accounts(03.11.20)
- Presentation: Trustee Quandary - Criminal Activity by a Beneficiary With or On Trust Property(03.05.20)
- In An Estate Dispute, A Court Held That A Trial Court Should Not Disqualify An Attorney Who Communicated Directly With A Beneficiary Where The Attorney Did Not Know That The Beneficiary Was Represented By Counsel(02.27.20)
- Recorded Webinar - Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes(02.24.20)
- Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Wil(02.12.20)
- Webinar - Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes(02.06.20)
- Texas Supreme Court Holds That Parties Can Conclusively Agree That, As Between Themselves, No Partnership Will Exist Unless Certain Conditions Are Satisfied(02.05.20)
- Federal Court Holds That Texas Does Not Have An Independent Aiding And Abetting Claim For Breach Of Fiduciary Duty But Holds That There Is A Knowing Participation Claim And Also Addresses A Claim Against An Auditor For Assisting In Breaches Of Fiduciary Duty(02.05.20)
- Court Held That Statutory Probate Court Had Sole Jurisdiction Over Claims Against The Estate(01.31.20)
- Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The Presumption Of Unfairness(01.31.20)
- The Texas Legislature Has Limited Discovery Of A Defendant's Net Worth For Exemplary Damage Claims(01.24.20)
- Court Holds That A Husband Had No Interest In His Deceased's Wife's Real Estate That Was Obtained Via A Gift Deed(01.15.20)
- Court Rules Against Trustee's Right to a Jury Trial Where the Trustee Agreed To A Summary Proceeding(01.15.20)
- Court Holds That Will Contestant Was Not Estopped From Challenging The Will Due To Accepting Assets(12.31.19)
- David F. Johnson Included in "Most Popular Reads in 2019" by JD Supra(12.30.19)
- Recorded Webinar - Texas Fiduciary Litigation Update: 2018-2019(12.30.19)
- Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust(12.23.19)
- Court Discusses Claims Against Corporate Board Members And The Business Judgment Rule(12.12.19)
- Presentation: The Use of Arbitration, Forum-Selection, Jury-Waiver Clauses in Trust & Estate Litigation(12.09.19)
- Court Holds That A Plaintiff Can Raise A Conspiracy To Breach Fiduciary Duty Claim Even Where The Party Who Owed Fiduciary Duties Was Not A Party To The Suit(12.03.19)
- Court Reverses Summary Judgment On Breach Of Fiduciary Duty Claim Because There Was A Fact Issue On The Running Of The Statute Of Limitations(11.22.19)
- Federal Court Dismisses An Employee's Breach Of Fiduciary Duty Claim Against A Supervisor(11.22.19)
- Court Holds That Testatrix Died Partially Intestate And That The Term "Personal Effects" In A Will Did Not Include Real Property(11.08.19)
- Contractual Jury Waivers in Trust and Estate Litigation in Texas(11.04.19)
- Court Affirms Trial Court's Order Admitting Will To Probate Over An Allegation Of Forgery(10.24.19)
- Texas Court Grants Mandamus Relief To Protect A Trustee's Attorney-Client Communications From Being Disclosed To A Beneficiary(10.24.19)
- Beneficiary Waived Appeal From Modification Of Trust By Failing To Obtain The Reporter's Record(10.17.19)
- Court Affirms Contempt Order Based On A Beneficiary's Refusal To Produce Trust Documents, Holding That The Beneficiary Had A Right To Obtain And Produce Those Documents(10.17.19)
- Texas Court Compels A Limited Partner's Employment And Defamation Claims To Arbitration Due To The Partnership Agreement's Arbitration Clause(10.02.19)
- Texas Court Affirms Removal Of Administrator For Failing To Properly Administer Estate(10.02.19)
- Presentation: Detecting Elder Abuse and The Duty to Report Financial Exploitation(10.01.19)
- Recorded Webinar - Trustee Compensation in Texas(09.26.19)
- Court Holds That A Trustee Has To Serve Until Properly Replaced(09.17.19)
- Trial Court Lacked Jurisdiction To Alter Its Previous Probate Order, and An Administrator Waived Any Challenge To A Damages Finding(09.17.19)
- Presentation: Summary Judgments in Texas(09.17.19)
- Court Holds That Economic Loss Rule Bars Conspiracy To Breach Fiduciary Duty Claims(09.04.19)
- Statute of Limitations Barred Estate Representative's Claim To Void Beneficiary Designations(09.04.19)
- Court Holds That The Cost To Create A Distributor List Was Sufficient Evidence of Damages for A Breach of Fiduciary Duty Claim(08.25.19)
- Court Holds That A Testamentary Trust Did Not Fail Because The Primary Beneficiary Predeceased The Decedent(08.25.19)
- Texas Court Concludes There Was A Fact Question As To Whether A Hand-Written Document Was A Will(08.17.19)
- Texas Court Held That A Trust Beneficiary Could Raise A Claim Against A Trustee's Estate For An Interest In Trust Property And A Constructive Trust(08.17.19)
- Presentation: Temporary Injunctive Relief in Texas(07.30.19)
- In A Suit To Reform A Trust, A Texas Court Holds That There Was A Fact Issue On The Settlors' Intent And Remanded For A Fact Finding(07.24.19)
- Because Fraud By Nondisclosure Cannot Occur After A Transaction Is Consummated, Employees Generally Do Not Owe A Duty To Disclose Their Employers' Breaches of Contract To Third Parties(07.12.19)
- Federal District Court Holds That A Former Director Of Nonprofit Did Not Have Standing To Sue For The Board's Breach Of Fiduciary Duty And That Employers Do Not Owe Fiduciary Duties To Employees(07.03.19)
- Estate Representative May Not Need To Post A Bond To Supersede A Judgment in Texas(07.03.19)
- Recorded Webinar - Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property(06.27.19)
- Texas Supreme Court Holds That Contractual Clauses That Waive The Statute Of Limitations May Be Enforceable(06.18.19)
- In A Trust Case, A Court Affirms Judgment Against A Beneficiary/Limited Partner's Aiding-And-Abetting-Breach-Of-Fiduciary-Duty Claim For Distributions To A Trustee/Limited Partner(06.12.19)
- Fifth Circuit Affirmed Judgment Against A Company's Former Officer For Breach Of Fiduciary Duty(06.12.19)
- Court Held That Heirs Had Standing To Participate In Estate Even After They Received The Assets They Were Due(06.06.19)
- Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will(06.06.19)
- Court Affirms Finding Of Undue Influence Regarding Execution Of Will(05.25.19)
- Codicil Was Properly Rejected Because It Did Not Adequately Refer To Last Will And Testament(05.19.19)
- Trial Court Had Jurisdiction To Appoint A Temporary Administrator After A Will Contest Had Been Filed Regarding A Will That Had Been Probated As A Muniment of Title(05.11.19)
- Federal Court Holds That Trust Beneficiaries' Claims Against Brokerage Firm Should Not Be Compelled To Arbitration(05.11.19)
- Court Found Trial Court Had Jurisdiction To Appoint Temporary Administrator Where A Will Contest Was Filed From A Muniment of Title(04.29.19)
- OCC Announces That It Will Consider Rule Changes On Fiduciary Capacity and Non-Fiduciary Custody Activities(04.29.19)
- Federal District Court Refuses To Dismiss Aiding And Abetting Breach Of Fiduciary Duty Claim Against A Law Firm(04.19.19)
- The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence Of The Applicant's Default(04.14.19)
- Texas Supreme Court Holds That Conspiracy Theories Have the Same Statute Of Limitations As Their Underlying Torts(04.05.19)
- Texas Supreme Court Holds That A Fraud-By-Nondisclosure Claim Can Apply Outside Of A Fiduciary Or Confidential Relationship(04.03.19)
- David F. Johnson Named Top Author in JDSupra Readers' Choice Awards(04.03.19)
- Court Holds That A "Gun Trust" Can Hold Other Assets(03.21.19)
- Recorded Webinar - The Velvet Hammer: Undue Influence Based On Deceit, Fraud, and Relationship Poisoning And A Financial Institution's Duty To Detect and Report Financial Exploitation(03.20.19)
- Court Holds That Testator's Granddaughter Was A Beneficiary Of The Will(03.13.19)
- Orders Denying Arbitration Are Immediately Appealable But Parties Must Wait Until After Arbitration to Appeal Orders Granting Arbitration(02.24.19)
- Webinar - The Velvet Hammer: Undue Influence Based on Deceit, Fraud, and Relationship Poisoning and a Financial Institution's Duty To Detect and Report Financial Exploitation (March 15, 10:00 am CST)(02.20.19)
- Court Holds That A Will Left A Partial Intestacy(02.18.19)
- Presentation: Saving Your Damages Award Via Temporary Injunctive Relief(02.13.19)
- Federal District Court Held That A Shareholder Of A Company Did Not Owe Fiduciary Duties To The Company Regarding A Transfer Of Stock Even Though He Was Also An Officer(02.12.19)
- Texas Supreme Court Holds That A Limitation-Of-Liability Clause Eliminated A Punitive Damage Claim Where A Fraud Plaintiff Enforced The Contract But Refused To Address If The Holding Would Similarly Apply To A Breach-of-Fiduciary-Duty Claim(02.02.19)
- Texas Supreme Court Held Bank Was Not Liable For Fraudulent Withdrawals From An Account Due To UCC 4.406(01.27.19)
- Court Holds That A Bank's Employees Cannot Conspire To Breach Fiduciary Duties And That The Bank Did Not Owe Fiduciary Duties To A Depositor(01.21.19)
- Court Holds That There Was Insufficient Evidence To Establish That Account Beneficiary Designations Were Executed As A Result Of Undue Influence(01.12.19)
- Court Held That A Power Of Attorney Agent Had Authority To Sue On Behalf Of The Principal And Affirmed A Finding That A Mineral Deed Was Procured By Fraud And Undue Influence(01.05.19)
- Court Discusses Diversity of Citizenship Jurisdiction Where A Trustee Removed The Case(12.29.18)
- Presentation: Tips for Managing the In-House and Outside Counsel Relationship(12.20.18)
- Recorded Webinar - Fiduciary Litigation Update: 2017-2018(12.20.18)
- Court Addresses A Beneficiary's Right To Bring Claims Belonging To A Trust(12.15.18)
- Court Holds That A Judgment Was Not Effective Against Three Estates Where The Plaintiffs Did Not Sue The Estates' Representatives And The Decedents' Attorney Did Not Represent The Estates' Representatives(12.05.18)
- Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will(11.24.18)
- A Court Rejects A Trust Protector's Claims and Holds That A Trustee Properly Merged Trusts(11.16.18)
- Court Affirms Judgment That Power-Of-Attorney Holder Converted Funds By Withdrawing Them From A Joint Account(10.27.18)
- Court Affirms Summary Judgment For A Trustee Against A Beneficiary Due To The Statute of Limitations And Discusses Constructive Knowledge Of Probate Records(10.20.18)
- Court Reversed A Summary Judgment For Trustee And Found That A Contingent Remainder Beneficiary Had Standing And Potentially Had A Removal Claim(10.13.18)
- Court Held That Equitable-Forfeiture Claims Arising From A General Partner's Compensation Should Be Remanded For Consideration By Court(09.30.18)
- Presentation-Temporary Injunctive Relief in Texas(09.19.18)
- Recorded Webinar—Trustees' Ability to Retain and Pay Attorneys in Texas(09.19.18)
- Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority(09.19.18)
- The Texas Supreme Court Denies Review In A Case Awarding Mental Anguish Damages, Exemplary Damages, and Other Damages For A Trustee's Breach Of Fiduciary Duty(08.31.18)
- Court Holds That Attorney Did Not Have An Attorney-Client Relationship With A Company's Directors And Shareholders(08.31.18)
- On Rehearing, Court Holds That Drafts Of Wills and Trust Documents Are Not Discoverable And Discusses The Attorney-Client Privilege(08.26.18)
- Webinar—Trustees' Ability to Retain and Pay Attorneys in Texas (Sept. 18 at 10:00 am CST)(08.22.18)
- Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority(08.13.18)
- Court Rules On Lost Profits, Lost Good Will, Disgorgement, and Forfeiture Remedies Against A Former Employee For Breach of Fiduciary Duty(08.05.18)
- Court Holds That Administrator Is Not Bound By Arbitration Clause In A Will(07.20.18)
- Court Denied Mandamus Relief To Review Order Denying Trustee's Request To Pay His Attorney's Fees In The Interim(07.14.18)
- Fiduciary Duties Meet Jerry Springer: Court Holds That Participants To An Extra-Marital Affair Do Not Owe Each Other Fiduciary Duties(07.01.18)
- A. A Fractured Texas Supreme Court Holds That There Is No Tortious Interference With Inheritance Claim In Texas(06.23.18)
- Don't Try It Yourself, Hire A Lawyer! Court Dismisses Pro Se Party's Appeal Due To Procedural Errors(06.23.18)
- Court Held That Real Estate Broker Did Not Owe Fiduciary Duties To Other Parties In A Transaction(06.13.18)
- Court Rejects Claim That Ex-Spouses Owed Each Other Fiduciary Duties(06.01.18)
- Recorded Webinar - Joint Account Litigation in Texas With an Emphasis on Fiduciary Relationships(05.23.18)
- The Texas Supreme Court Holds That Incorporating The AAA Rules Does Not Delegate Arbitrability Issues To The Arbitrator For Nonsignatories(05.18.18)
- Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege(05.14.18)
- Bankruptcy Court In Texas Held That Client Did Not Adequately Plead An Aiding and Abetting Breach of Fiduciary Duty Claim Against Former Attorneys(04.30.18)
- Court Discusses The Texas Rules For Superseding Declaratory Relief In A Trust Dispute(04.30.18)
- Presentation: Fiduciary Litigation Update, Texas Bankers Association's Legal Conference(04.20.18)
- Texas Supreme Court Compels Arbitration For Lender And Disagrees With Fifth Circuit(04.20.18)
- Court Holds That There Is A Fact Issue By Former Employer Against Employee For Breach Of Fiduciary Duty In Self-Dealing Transactions(04.20.18)
- Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause(04.14.18)
- Magistrate Recommends Denying A Motion To Dismiss Against A Bank For Aiding and Abetting Breach Of Fiduciary Duty(04.14.18)
- Court Enforced Forum-Selection Clause In Trust Document(04.08.18)
- Court Holds That Laches Did Not Bar A Will Contest(04.08.18)
- Court Reversed Order Removing Trustee Where Trustee Did Not Receive Notice Of The Hearing(04.01.18)
- Texas Supreme Court Holds That Testator Devised Property As A Life Estate(03.25.18)
- Texas Supreme Court Rules That Trustee Is Not Liable For Fraud In Leasing Minerals Due To "Red Flags" And Express Contradictory Language That Negated Justifiable Reliance(03.25.18)
- Recorded Webinar - Remedies For A Breach of Fiduciary Duty Claim in Texas(02.28.18)
- Court Interpreted the Phrase "In Equal Shares Per Stirpes" in a Trust Document(02.24.18)
- Court Holds That A Wife Devised Her Property In Fee Simple Determinable To Her Husband With An Executory Interest To Her Son; So, After The Husband Died, If He Still Owned The Property, It Went To The Son(02.24.18)
- Court Rejects Claim That Mortgage Lender Owed Fiduciary Duties To Borrower And Addressed The Discovery Rule For The Statute of Limitations(02.19.18)
- Court Holds That Plaintiff Did Not Establish Continuing Tort Theory To Defeat A Statute Of Limitations Defense To A Breach Of Fiduciary Duty Claim(02.19.18)
- Court Affirmed Finding That An Oral Partnership Existed And That A Partner Breached Fiduciary Duties(02.10.18)
- Fiduciary Litigation Practice Tip: Streamlining Discovery To Threshold Legal Issues(02.10.18)
- Court Held That Trustee Had Authority To Sell Real Property And That The Beneficiaries Did Not Have A Right of First Refusal(02.03.18)
- Court Reverses Trial Court's Order Denying An Application To Probate A Will As A Muniment of Title(02.03.18)
- Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary's Assignment Of Interests Violated A Spendthrift Provision(01.27.18)
- Court Denies Objection To Personal Jurisdiction Concerning Breach of Fiduciary Duty Claim Against Former Employee(01.27.18)
- Webinar - Remedies For a Breach of Fiduciary Duty Claim in Texas (Feb. 27 at 10:00 am CST)(01.23.18)
- Court Held That Power-Of-Attorney Holder Was Not Authorized To Name Himself As A Beneficiary Of The Principal's Insurance Policy, But Could Name His Sister(01.21.18)
- Court Reverses Jury Verdict And Holds That Trustor Could Not Revoke Trust(01.21.18)
- Court Held That Retirement Benefits Belonged To The Worker's Sister, Who Was Designated Beneficiary, And Not The Wife(01.11.18)
- Court Denied Preliminary Injunction To Breach-Of-Fiduciary-Duty Plaintiff Due To Delay In Seeking Relief(01.11.18)
- Court Held That A Testator Was Partially Intestate And Did Not Leave His Real Property To His Niece Under His Will(01.07.18)
- Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act(01.07.18)
- Court Held That Will Contestant Expressly Waived Right To Appeal From Bench Trial(12.21.17)
- Recorded Webinar - Fiduciary Litigation Update 2016-2017(12.14.17)
- Court Holds That Lender Did Not Have Standing To Sue An Estate For A Deficiency After Electing That Its Claim Is A Preferred Debt And Lien(12.12.17)
- Presentation: Dealing With Policies and Protocols of Banking Institutions In Texas (State Bar of Texas, Fiduciary Litigation Course)(12.05.17)
- Court Holds That Contractual Relationship Does Not Create Fiduciary Duties(11.29.17)
- Webinar - Fiduciary Litigation Update 2016-2017 (Dec. 12 at 10:00 am CST)(11.29.17)
- Court Denies Request For Mandamus Relief Regarding Court Order Requiring Spouse of Deceased Trustee To Prepare An Accounting(11.21.17)
- Magistrate Recommends Refusing A Request For A Preliminary Injunction Based On A Breach Of Fiduciary Duty Claim Arising From An LLC's Former Member Competing For Opportunities(11.17.17)
- Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute(11.05.17)
- Legislative Update Impacting Fiduciaries (Texas Bankers Association)(10.31.17)
- Court Refuses To Enforce Arbitration Clause By Financial Advisor(10.29.17)
- Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers(10.22.17)
- Presentation: Temporary Injunctive Relief in Texas (Tarrant County Bar Association)(10.16.17)
- Texas Supreme Court Will Hear Oral Argument On Whether Texas Recognizes A Claim For Tortious Interference With Inheritance Rights(10.10.17)
- Court Addresses Breach Of Fiduciary Duty and Partition Issues In Trust Dispute(10.10.17)
- Court Holds That Attorneys Acted As An Escrow Agent And Could Be Sued For Breach Of Fiduciary Duty By A Non-Client(10.04.17)
- Recorded Webinar - Legislative Update: New Vulnerable Persons and POA Statutes(09.27.17)
- Court Affirms Judgment For Estate Representative Due To A Statute-Of-Limitations Tolling Statute(09.25.17)
- David F. Johnson Elected to Texas Association of Bank Counsel Board of Directors(09.20.17)
- Texas Supreme Court Enforces Forum-Selection Clause In Breach Of Fiduciary Duty Case Arising From A Shareholder Agreement(09.13.17)
- Webinar: Legislative Update - New Vulnerable Persons and POA Statutes (Sept. 26 at 10:00 am CST)(09.13.17)
- Court Affirms Summary Judgment In Will Contest Where There Was No Evidence Of Undue Influence(09.06.17)
- Texas Adopts New Legislation Protecting Vulnerable Persons From Financial Exploitation And Places New Burdens On Financial Institutions, Securities Dealers, and Financial Advisers(09.06.17)
- New Texas Statutes That Impact Fiduciaries Become Effective Today (9/1/2017)(09.01.17)
- Court Affirms Arbitration Decision Arising From Trust Dispute(08.28.17)
- Court Held That Estate Representative Was Entitled To Discover Documents To Establish A Claim(08.23.17)
- Court Holds That Former Broker Did Not Owe Fiduciary Duties To Client Regarding An Investment(08.18.17)
- Summary Judgments In Texas - Presentation in Dallas Aug. 16-18 and Houston Oct. 25-27(08.14.17)
- Court Holds That Majority Shareholders In Closely Held Corporation Do Not Owe Fiduciary Duties To Minority Shareholders(08.10.17)
- Court Holds That Board Of Trustees Of A Nonprofit Do Not Owe The Same Duties As A Trustee Of A Trust(08.10.17)
- Court Affirms Submission of Mitigation Instruction In A Breach Of Fiduciary Duty Case To Affirm A Jury's Finding Of No Damages(08.10.17)
- Court Reversed A Finding Of Breach Of Fiduciary Duty (And $470,000,000 Judgment) Because No Partnership Ever Existed Due To The Failure Of Conditions Precedent(07.31.17)
- Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim(07.22.17)
- Court Reverses Summary Judgment For Directors Because They Could Not Consent To Their Own Breaches of Fiduciary Duty(07.06.17)
- Court Reviews Damages For Mental Anguish, Exemplary Damages, and Other Categories For A Trustee's Breach Of Fiduciary Duty(06.26.17)
- Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim(06.16.17)
- Courts Hold That Fiduciaries Waived Complaints About Trial Court Orders(06.16.17)
- Recorded Webinar - Recent Developments In Trustees' Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas(06.14.17)
- Court Holds That Fiduciary Duties Did Not Arise In A Licensing Transaction(06.07.17)
- Texas Supreme Court Refuses To Rule On Whether Texas Recognizes Tortious Interference With Inheritance Rights And Affirms A Constructive Trust Based On A Finding Of Mental Incompetence(05.27.17)
- Court Affirms Jury Finding Of No Breach Of Fiduciary Duty In Partnership Dispute(05.25.17)
- Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages(05.17.17)
- Webinar - Recent Developments In Trustees' Use Of Exculpatory, Release, and Disclaimer-Of-Reliance Clauses In Texas (June 13 at 10 am CST)(05.17.17)
- Court Held That Settlor Had Standing To Assert Extra-Contractual Misrepresentation Claims Regarding Insurance Policies He Previously Transferred To An Irrevocable Insurance Trust(05.12.17)
- Court Holds That Shareholders In Closely Held Business Do Not Owe Each Other Fiduciary Duties(05.11.17)
- Trustees' Use Of LLCs and Other Entity Forms To Hold Assets And Mitigate Risk (Texas Bankers Association)(05.05.17)
- Court Holds That Family Member Did Not Owe Fiduciary Duties To Other Family Member(05.04.17)
- Contractual Clauses That Impact Disputes - 6th Annual Financial Services Seminar(04.27.17)
- Recorded Webinar - A Trustee's Use Of LLCs and Other Entity Forms To Hold Assets And Mitigate Risk(04.27.17)
- Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses(04.26.17)
- Court Holds That Members of LLC May Owe Each Other Fiduciary Duties(04.20.17)
- Court Enforces Release Agreement Between Trustees/Executors and A Beneficiary(04.13.17)
- Court Denied Motion To Stay Enforcement of A Turnover Order Against Fiduciary(04.04.17)
- Court Held That Company's Employee Did Not Owe Fiduciary Duty To Vendor(03.31.17)
- David F. Johnson Receives Readers' Choice Award For Texas Fiduciary Litigator Blog(03.30.17)
- Duty to Diversify - Texas Bankers Association's Real Estate, Oil and Gas Conference(03.28.17)
- Texas Supreme Court Addresses The Causation Requirement For A Breach Of Fiduciary Duty Claim And Conspiracy, Aiding And Abetting Breach Of Fiduciary Duty, And Joint Venture Theories(03.19.17)
- Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship(03.15.17)
- Court Finds That There Is A Fact Issue On Whether Corporate Shareholder And Officer Breached Fiduciary Duties To Creditors(03.09.17)
- Courts Hold That Multiple Probate Court Orders Were Not Appealable(03.02.17)
- Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price's Assets Pending A Contest(02.22.17)
- Webinar - A Trustee's Use of LLCs and Other Entity Forms to Hold Assets and Mitigate Risk (March 21 at 10 am CST)(02.22.17)
- Court Holds That A One-Line Will Should Have Been Admitted To Probate(02.14.17)
- Court Affirmed Dismissal Of Breach Of Fiduciary Duty Claims Against Condo Board Members(02.08.17)
- Court Dismisses Claims Against Investment Firm For Lack Of Personal Jurisdiction(02.01.17)
- Court Holds That Will Created Void Alienation On Restraint(01.27.17)
- Texas Supreme Court Accepts A Case Dealing With A No-Contest Clause(01.20.17)
- Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest(01.18.17)
- Tips for Managing the In-House and Outside Counsel Relationship (TCBA Presentation)(01.12.17)
- Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity(01.11.17)
- Court Affirms Ruling That Adopted Adult Children Were Beneficiaries Of A Trust(01.06.17)
- Court Affirms Summary Judgment Holding Insurance Agent Owed No Fiduciary Duties To Insured(12.30.16)
- Texas Supreme Court Will Determine Whether Texas Recognizes A Tortious Interference With Inheritance Claim(12.23.16)
- The Texas Supreme Court Will Review A Breach Of Fiduciary Duty Claim Against Directors For Allegedly Usurping A Corporate Opportunity(12.23.16)
- Court of Appeals Granted Mandamus Relief To Transfer Venue To County Where A Trust Was Administered(12.14.16)
- Recorded Webinar - A Trustee's Duty to Diversify In Texas(12.08.16)
- Court Affirmed Jury's Findings Of Breach Of Fiduciary Duty By Joint Venture Partner And The Partner's Representative(12.06.16)
- Court Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary Duty Question To A Jury(11.28.16)
- Webinar - A Trustee's Duty to Diversify In Texas (Dec. 6 at 10 am CST)(11.11.16)
- Federal Court Dismisses Beneficiary's Breach Of Fiduciary Duty Claim For Lack of Jurisdiction(11.10.16)
- Court Reverses No-Evidence Summary Judgment On Fiduciary Duty Claim Because Motion Was Not Sufficiently Precise(11.10.16)
- Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct(11.01.16)
- Court Affirms Finding That Will Was Lost And Not Revoked(10.20.16)
- Trustees' Duty to Disclose in Texas - TCBA's Business & Estate Section(10.20.16)
- Court Reversed Summary Judgment For A Client As Against His Financial Advisor(10.17.16)
- 2016 Fiduciary Litigation Update, Tarrant County Probate Bar-Litigation Seminar(10.12.16)
- Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting Breach Of Fiduciary Duty Claims(10.07.16)
- Interesting Issues In Legal Ethics - Presentation(10.07.16)
- 2016 Fiduciary Litigation Update(09.28.16)
- Contractual Clauses That Impact Disputes - Presentation(09.26.16)
- Court Reversed Forfeiture Award Due To Trial Court Not Indicating It Followed The Correct Standard(09.20.16)
- Recorded Webinar: Trustee's Duty and Right to Bring Claims On Behalf Of A Trust(09.14.16)
- Summary Judgment Appellate Issues (SBOT- Civil Appellate Practice 101)(09.08.16)
- Court Holds That Trust No Longer Owned Vehicle Because It Allowed Beneficiary's Wife To Drive It(09.02.16)
- Webinar - Trustee's Duty and Right to Bring Claims on Behalf of a Trust (Sept. 13 at 10:00 am CST)(08.29.16)
- Court Dismisses Appeal From Order Appointing A Temporary Administrator And Reverses Temporary Injunction(08.29.16)
- Court Enforces Trust Even Though The Trust Document Was Missing(08.26.16)
- Court Affirms Dismissal Of Will Contest Based On Public Policy Arguments Arising From Sexual Abuse Allegations(08.22.16)
- Court Interprets Will's Residuary Clause To Create A Determinable Fee Simple Estate(08.19.16)
- Court Grants Mandamus Relief To Void Order Naming An Executor More Than Three Years After Admitting Will To Probate As A Muniment Of Title(08.10.16)
- Court Reverses Summary Judgment On Breach Of Fiduciary Duty Claim Against Corporate Director(08.02.16)
- Court Affirms Order Requiring Partition of Property Where Fiduciary's Homestead Argument Failed(07.27.16)
- Court Affirms Judgment Against Executor That Deeded Estate Property To Himself(07.22.16)
- Court Reverses Judgment Dismissing Breach Of Fiduciary Duty Claim Because No-Evidence Summary Judgment Motion Was Not Sufficiently Specific(07.19.16)
- Court Affirmed Award of Prejudgment Interest On Fee Forfeiture Award(07.12.16)
- Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent(07.08.16)
- Court Affirms A Rule 202 Pre-Suit Deposition Order In A Will Contest And Discusses The Acceptance-Of-The-Benefits Doctrine(07.04.16)
- Court Affirms Power Of Attorney Holder's Right To Revoke Gift(07.01.16)
- Court Affirms Order Denying An Administrator's Attorney's Fees(06.28.16)
- Court Reverses A Probate Order Requiring An Executor To Distribute Real Property Free Of Any Liens(06.24.16)
- Court Reverses Decision On The Fair Market Value Of A Residence Due To The Surviving Spouse's Interest(06.21.16)
- Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute(06.17.16)
- Recorded Webinar: Trustees' Conflicts of Interest In Texas(06.15.16)
- Court Holds That An Officer Of A General Partner Does Not Individually Owe Fiduciary Duties To The Partnership(06.14.16)
- Court Discusses Slayer Rule in Texas And Affirms Judgment For Bank That Froze Account(06.08.16)
- Court Affirms Finding Of Informal Fiduciary Relationship Between Step-Mother and Step-Son Based On Decision To Not Resuscitate Father(06.02.16)
- Webinar: Trustees' Conflicts of Interest In Texas (June 14 at 10:00 am CST)(06.02.16)
- Texas Supreme Court Holds that Individual Beneficiary Had Standing to Bring a Legal Malpractice Claim Involving a Loan From an Account Managed by a Corporate Trustee(05.31.16)
- Use of Company Policies To Establish The Violation of A Fiduciary Duty(05.24.16)
- Court Dismisses Fiduciary Claim Between Mortgagor and Mortgagee(05.17.16)
- A Trustee's Duty to Disclose in Texas - Presentation Slides(05.16.16)
- Court Affirmed Fiduciary Duty Jury Instruction In Claim Against Bank(05.09.16)
- 2016 Financial Services Seminar - Presentation Slides(04.28.16)
- Court Affirms Holding That A Trust Owns Stock That Was Issued To The Trustee In His Individual Capacity(04.25.16)
- Court Holds That Order Allowing A Successor Trustee And Reinstating A Prior Trustee Is Appealable(04.18.16)
- Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting Offense(04.13.16)
- Court Holds That Will Did Not Revoke Inter Vivos Trust(04.07.16)
- Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy(04.07.16)
- Court Affirmed Holding That Trust Owned Real Estate And Was Entitled To Attorney's Fees(04.05.16)
- Court Addresses Common-Disaster Provision In Will(03.23.16)
- When is a Will Not a Will? Court Determines that "Will" Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property(03.23.16)
- Court Reverses Finding Of Undue Influence In A Will Contest And Discusses Requirements To Execute A Will(03.14.16)
- Court Holds That An Officer Can Negotiate New Employment Without Breaching Fiduciary Duties(03.10.16)
- Court Holds that Disgorgement Award for Breach of Fiduciary Duty Was Neither Punitive Nor Excessive and that Exemplary Damages Were Reasonably Proportioned to Damages(03.04.16)
- Another Court Holds That Texas Has Not Recognized A Tortious Interference With Inheritance Claim(03.02.16)
- Court Rules In Favor Of An Attorney Regarding Claims Arising From A Conflict of Interest(02.24.16)
- Recorded Webinar: Duty to Disclose to Remote Beneficiaries(02.18.16)
- Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust(02.11.16)
- Fiduciary Duties Applicable to Registered Investment Advisors and Broker/Dealers, DFW Compliance Roundtable(02.10.16)
- Court Held That Plaintiff Stated A Claim Against Bank's Employees For Individual Liability Based On Alleged Fiduciary Breaches(02.09.16)
- Employers Generally Do Not Owe Fiduciary Duties To Employees(01.28.16)
- Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes(01.27.16)
- Court Granted Summary Judgment For A Trustee On A Fiduciary Breach Claim Arising From Conflict-Of-Interest and Diversification Issues(01.21.16)
- Webinar - Trust Administration Focus: Duty to Disclose to Remote Beneficiaries(01.21.16)
- Court Affirmed Government Seizure Of Trust Asset(01.13.16)
- Court Affirmed Summary Judgment For Defendant/Attorney Regarding A Breach Of Fiduciary Duty Claim Arising From A Conflict of Interest(01.08.16)
- Court Affirmed Judgment That A Deed By A Trustee Without Specifying The Trustee's Capacity Transferred Trust Property(01.07.16)
- Court Disqualified Attorney Where Attorney Would Testify As Witness(01.06.16)
- Estate Did Not Own Real Estate Because Court Affirmed Finding Of Inter Vivos Oral Gift Of Real Estate(12.22.15)
- El Paso Court of Appeals Recently Cited To Authors' Law Review Article On Sham-Affidavit Theory(12.21.15)
- Recorded Webinar: Hot Topics in Trust Administration(12.08.15)
- Court Affirmed Judgment On Breach Of Fiduciary Duty Claim Because Plaintiff Swore In Bankruptcy Filings That He Did Not Have Any Interest In Disputed Properties(12.07.15)
- Court Concludes Spouses' Joint Will Was a Contractual Will and Imposes Constructive Trust to Enforce Terms of Joint Will(11.30.15)
- Court Held That A Beneficiary Could Not Usurp A Trustee's Right To Direct Litigation And Did Not Have Standing To Sue The Trustee On Behalf Of The Trust(11.18.15)
- Court Affirmed Finding Of No Fiduciary Duty Because No Joint Venture Existed(11.13.15)
- Exculpatory Clauses In Trust Documents Are "Somewhat" Enforceable In Texas(11.13.15)
- Webinar: Hot Topics in Trust Administration (December 8 at 10:00 am CST)(11.11.15)
- Court Affirmed Trial Court's Finding That A Girlfriend Did Not Owe Fiduciary Duties To A Husband In the Context Of An Extramarital Affair(11.10.15)
- An Estate Had No Breach of Contract Claim Against A Bank Arising From A Joint Account Where The Estate Was Not Damaged(10.30.15)
- Court Reversed Transfer Of Residence To Revocable Trust Due To Pre-Marital Agreement(10.26.15)
- Court Reversed Forfeiture Damages Because They Were Not Linked To Fiduciary Breach(10.26.15)
- Court Determines Litigants Were Not "Interested Persons" Under Trust Code and Had No Standing to Set Aside Order Appointing Successor Trustee(10.26.15)
- Court Dissolves Temporary Injunction That Prevented Actions by Trustee, But Affirms Appointment of Temporary Co-Receivers Over Trust Assets(10.16.15)
- An Officer Has A Fiduciary Duty Of Full Disclosure To The Company Regarding The Negotiation Of A Separation Agreement(10.13.15)
- Texas Supreme Court Denies Petition For Review In Ward vs. Standford Opinion(10.13.15)
- A Party Should Seek Attorney's Fees in Proceeding Where They Are Incurred(10.04.15)
- There is a Split in the Courts of Appeals Regarding the Requirements to Obtain an Injunction Preventing a Trustee From Paying Lawyers From Trust Funds(10.04.15)
- A Trustee Has a Privilege to Make Unflattering Comments in Litigation(10.04.15)
- There Can Be a Fact Issue on the Accrual of a Breach of Fiduciary Duty Claim Arising From an Act of Omission(10.04.15)
- A Beneficiary Can Seek to Remove an Executor or Trustee Without Triggering a No-Contest Clause(10.04.15)
- A Trustee Can Be Liable For a Non-Negligent Mistake(10.04.15)
- Generally A Party Has No Duty to Fund A Trust(10.04.15)
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