David F. Johnson, lead writer for The Fiduciary Litigator blog, discusses recent Texas precedent on trust and estate issues, including parties rights to jury trial in trust disputes, standards for modifying trusts, remedies for breach of trust, use of a power of attorney document to modify a trust, evidence to
David F. Johnson, lead writer for The Fiduciary Litigator blog, presents the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation covers the Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and criminal statutes.
Who should
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
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
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 F. Johnson will address the complex issues surrounding a trustee’s duty to disclose and will compare Texas law and the Uniform Trust Code on this topic. He will address disclosure requirements under trust documents and their ability to limit or expand common-law disclosure requirements, silent trusts, statutory duties to
David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce proceedings, including trust basics, voiding trusts due to fraud/constructive fraud/breach of fiduciary
David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April 24, 2023, in Miami, Florida, with Martin Kenney, Dr. Alexander Stein, and Rodrigo Callejas.
Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on April 20, 2023, in Lake Tahoe, California, with Phillip Lindquist, Tanya E. Feinleib, and Michaelle Rafferty. The