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In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged…
Latest from the Knowledge Library
David F. Johnson co-presented with Kenneth J. Fair on the topic of “Ethics in Estate Planning, Probate, and Trust Administration”…
Presentation: Parting is Such Sweet Sorrow – Issues Arising From Trust Termination and Trustee Succession in Texas
David F. Johnson presented “Parting is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession in Texas,” to…
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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Presentation – Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas
On May 21, 2025, David Johnson gave his presentation “Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas,” to the North Texas Estate Planning…

Presentation: Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
On May 9, 2025, David Johnson gave his presentation “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees,” to the Corpus Christi Estate Planning Council. This…
David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses the challenges of navigating the complexities of trustee removal in Texas. This presentation explored the legal issues involved…
Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex.
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio…
Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property
In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no…
Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The Decedent’s Death
In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm…
Does a Trustee Have A Duty to Investigate Whether the Trust Document is Valid?
Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever…
Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So
In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21…