David F. Johnson recently published his article “Fiduciary Compensation and Forfeiture in Texas” in the Texas Tech Estate Planning and Community Property Law Journal. This article addresses many of the interesting issues that arise in trustee compensation disputes. The article addresses a trustee’s authority to compensation under the trust document, statutes, and common law, and the factors involved in determining reasonable compensation. It also addresses issues such as co-trustee compensation, the propriety of other benefits to a trustee, principal and income issues, and the use of attorney’s fees theories. The article also addresses the compensation of estate representatives, guardians, agents, and power of attorney agents. Finally, the article addresses the authority in Texas for fiduciaries forfeiting their compensation due to breaches of duty.

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