When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises victims to report fraud to local police first. Deciding to hire a lawyer depends on the amount lost, as legal
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when managing oil and gas assets. This session offers key insights into the Uniform Prudent Investor Act, Uniform Principal and Income Act, trust accounting for mineral interests, risk management for concentrated
David F. Johnson recently published another article in the Texas Tech Estate Planning and Community Property Law Journal. This article is titled: “Issues Involving the Attorney-Client Privilege and Trustees in Texas,” and addresses a trustee retaining an attorney, the scope of the attorney client privilege, the impact of including a
David F. Johnson co-presented with Kenneth J. Fair on the topic of “Ethics in Estate Planning, Probate, and Trust Administration” as part of the Strafford webinar series on May 27, 2025.
The discussion highlighted various factors in estate planning and probate that can raise ethical issues, including joint representation, clients
David F. Johnson presented “Parting is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession in Texas,” to the North Texas Estate Planning Council. This presentation addressed the main legal issues that arise when trusts terminate or there is a successor trustee, such as trustee resignation, trustee removal
David F. Johnson presented “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees” to the Corpus Christi Estate Planning Council. This presentation addressed the following issues: pre-trial remedies; Texas Trust Code provisions dealing with removal, damages, attorney’s fees, receiverships, injunctions, exculpatory clauses, etc.; mental anguish damages
At the Texas Bankers Association Annual Convention on April 24, 2025, David F. Johnson presented his paper “Fiduciary Litigation Update 2023-2024.” David addressed key topics, including the right to a jury trial in trust proceedings, personal jurisdiction in trust disputes, trust remedies and necessary parties, trust modifications, and other recent
On May 1, 2025, David F. Johnson presented his paper, “Trust Distributions in Texas,” to the Tarrant County Probate Bar Association. His presentation covered the construction of trusts, various distribution standards (mandatory, discretionary, ascertainable/unascertainable, HEMS), related tax and liability issues, fiduciary duties concerning distributions (like disclosure, loyalty, and impartiality), implications
David F. Johnson, lead writer for The Fiduciary Litigator blog, addresses the statutory requirements and limits for modifying and reforming trusts in Texas. The presentation also addresses recent caselaw surrounding the type of evidence allowed in a hearing on a modification and limitations on the court’s authority to award modification
Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This presentation addressed the common law standards for trust modifications, statutory standards for trust modifications and reformations, recent caselaw