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In In re Est. of Corbett, Robert William Corbett died on November 26, 2016, unmarried and without children. No. 14-24-00922-CV, 2025 Tex. App. LEXIS 9380 (Tex. App.—Houston [14th Dist.]…
Latest from the Knowledge Library
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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Court Affirmed Rejection Of Executor As Being Unsuitable Who Had Assaulted A Beneficiary
In In re Est. of Terrell, the decedent Sue died on May 15, 2010. No. 12-25-00177-CV, 2025 Tex. App. LEXIS 8901 (Tex. App.—Tyler November 19, 2025, pet. denied). In…
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 of Directors for the Texas Board of Legal Specialization (TBLS).…
Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based On The Trustee’s Discretion To Make Distributions And An Exculpatory Clause
In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No. 14-23-00276-CV…
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…
Recorded Webinar: Administration of Minority Interests In Closely Held Businesses By Trustees
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses a trustee’s duties and responsibilities regarding the management and administration of minority interests in…
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.

