WEBINAR (October 22): David F. Johnson, lead writer for The Fiduciary Litigator blog, will present the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation will cover…
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Upcoming Webinar—Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
WEBINAR (October 22): David F. Johnson, lead writer for The Fiduciary Litigator blog, will present the potential ramifications of a…
David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course…
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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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
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit…
Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out…
My mother Ann Johnson passed in February of 2022, and my father Derwood Johnson just passed in August of 2024. When a second parent dies, a child mourns both parents’…
Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust
In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the…
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin…
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
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App.
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex.
In In re Est. of De Chavez, a party filed an application to probate a Mexican will under Texas Estates Code Section 501.001 where the decedent was domiciled in…