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Congratulations to Winstead Shareholder David F. Johnson for being named a recipient of the 2026 JD Supra Readers’ Choice Awards. This achievement marks David’s eighth year of recognition in the…
Latest from the Knowledge Library
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares…
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when…
What is an Amicus Brief
The main purpose of an amicus brief is to call the court’s attention to some aspect of substantive or procedural law that is raised in the case. Typically, an amicus party will write on the “big picture” aspects of an issue.
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Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to…
Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had The Authority To Create A Trust And Transfer Assets Into It
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May…
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses fiduciary issues that Texas courts resolved during the review period of summer of 2024…
The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual Claims Against The Trust’s Manager
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029…
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises…
Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had Standing To Assert Breach Of Duty Claims
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643…
Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence)…
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when managing oil and gas assets. This session offers key insights…


