Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however, they please. However, there are instances where individuals have signed documents where they do not have the mental
Author David F. Johnson Makes 2024 Texas Super Lawyers® Top 100 Texas Super Lawyers List
Winstead PC is pleased to announce that David Johnson has been named to the 2024 Texas Super Lawyers® list and also the Top 100: Texas Super Lawyers and Top 100: Dallas/Fort Worth Super Lawyers in the areas of Estate & Trust Litigation and Business Litigation. There are currently 130,000 licensed
Personal Tribute For Author’s Parents
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’ deaths. I am very lucky to have had my parents, and I have been doing a lot of thinking this
Presentation: Fiduciaryize Your Case
David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the general duties owed by a fiduciary, typical fiduciary relationships, capacity issues, net-widening theories to
Recorded Webinar: Releases in Trust Disputes
David Johnson, lead writer for The Fiduciary Litigator blog, presents on release agreements between trustees and beneficiaries. This recorded webinar covers fiduciary duties, expert opinions on releases, relevant Texas law, enforceability requirements, self-dealing concerns, and drafting tips. The presentation also explores judicial releases, including their scope, necessary parties, and binding
Presentation: Trustee’s Ability To Retain And Compensate Attorneys In Texas
David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas. This presentation addressed the authority for a trustee to retain counsel, the duty to
David Johnson Receives the 2024 JD Supra’s Readers’ Choice Award – Top Author in Wealth Management
David Fowler Johnson, Managing Shareholder of Winstead’s Fort Worth office and the lead writer for The Fiduciary Litigator blog, was awarded the JDSupra Readers’ Choice Award for Top Author in Wealth Management. In addition, Winstead was also named in the same category.
2024 marks the sixth consecutive year
Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?
Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in the trust, what income and expenses have been incurred, what liabilities
New Texas Bill Would Provide Qualified Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary
A recent bill (H.B. 1552) has been submitted that would provide a trustee release relief for transactions described in an accounting where a beneficiary fails to timely object to the accounting and there is no fraud, intentional misrepresentation, or material omission. A similar bill was introduced in 2021, but the Legislature did not pass it. The new bill provides:
Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document
It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction, interpretation, or operation of the will/trust or any matter involving the administration of the estate/trust