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David F. Johnson Recognized for Distinguished Service on the Texas Board of Legal Specialization
David F. Johnson, lead writer for the Fiduciary Litigator Blog, has officially concluded a distinguished six-year tenure on the Board…
David F. Johnson presented on “Trust Litigation in Texas” to the Tarrant County Bar Association’s Court Staff CLE on June…
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 Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests…
David F. Johnson presented his paper “Top Trust and Estate Issues the Texas Supreme Court Should Address” to the State Bar of Texas’s 50th Annual Advanced Estate Planning and Probate…
Upcoming Webinar: Administration of Minority Interests In Closely Held Businesses By Trustees
In this live webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, will address a trustee’s duties and responsibilities regarding the management and administration of minority interests…
Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments
In In re Est. of Lopez, Guadalupe Lopez, Jr. applied for independent administration and heirship determination after his father’s death. 724 S.W.3d 847 (Tex. 2025). Gonzalez filed a petition claiming…
Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate Court
In Shaw v. Simpson, Sarah Shaw inherited her husband Shad’s business interests after his intestate death in 2018. No. 13-23-00549-CV, 2025 Tex. App. LEXIS 8545 (Tex. App.—Corpus Christi November…
Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial
In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No.
Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The Defendant
In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV…
Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest
In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston…
Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty
In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS…

