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
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.
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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