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Cases Decided, Texas Supreme Court

Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent

By David Fowler Johnson on
Cases Decided, Texas Court of Appeals

Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases

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Cases Decided, Texas Court of Appeals

Courts Grant Mandamus To Compel Arbitration In A Will Dispute

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Latest from the Knowledge Library

When to Call a Lawyer After Fraud Strikes (AARP Article)

By Winstead

When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares…

Recorded Webinar: The Administration of Oil & Gas Assets in Trusts

By Winstead

In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when…

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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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Webinars

Recorded Webinar – Ethics in Estate Planning, Probate, and Trust Administration

By Winstead on

In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses estate planning, probate, and trust administration is a complex field of law that involves…

Items of Interest

David F. Johnson Receives the 2026 JD Supra Readers Choice Award – Top Author in Wealth Management

By Winstead on

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…

Cases Decided, Texas Court of Appeals

Court Holds That A Trustee Cannot Appeal An Order Pro Se

By David Fowler Johnson on

In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025…

Cases Decided, Texas Court of Appeals

Court Held That A Will Devised Real Property In Fee Simple And Not In A Life Estate Where There Was No Residuary Clause

By David Fowler Johnson on

In In re Estate of Bird, Jimmy and Ada were married for almost 70 years and operated a family ranch together. No. 07-24-00184-CV, 2025 Tex. App. LEXIS 4535 (Tex.

Upcoming Webinar
Webinars

Upcoming Webinar: Ethics in Estate Planning, Probate, and Trust Administration

By Winstead on

David F. Johnson, lead writer for the Fiduciary Litigator blog, will address estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting…

Cases Decided, Texas Supreme Court

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

By David Fowler Johnson on

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…

Cases Decided, Texas Court of Appeals

Court Holds That A Trust Should Be Construed Under Connecticut Law Due To A Choice-Of-Law Clause And Reverses the Dismissal of Modification And Disclosure Claims

By David Fowler Johnson on

In Litoff v. Case, a beneficiary sued a trustee regarding a trust modification claim and a claim for an accounting. No. 03-24-00400-CV, 2025 Tex. App. LEXIS 3645 (Tex. App.—Austin…

Cases Decided, Texas Court of Appeals

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

By David Fowler Johnson on

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…

Recorded-Webinar
Webinars

Recorded Webinar – Fiduciary Litigation Update 2024-2025

By Winstead on

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…

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