In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV, 2025 Tex. App. LEXIS 5917 (Tex. App.—Fort Worth August 7, 2025, no pet.). Darrell, one of the settlor’s sons, recorded
Presentation – Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas
On May 21, 2025, David Johnson gave his presentation “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
Presentation: Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
On May 9, 2025, David Johnson gave his presentation “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
Does a Trustee Have A Duty to Investigate Whether the Trust Document is Valid?
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
Presentation: Trust Modifications and Reformations in Texas
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
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
Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes Irrevocable
In Reece Trust v. Reece, a husband created a trust for his wife, and they then began divorce proceedings. No. 22CA1393, 2023 COA 89, 2023 Colo. App. LEXIS 1456 (Colo. App. September 28, 2023). Before the divorce could become final, the husband died, and the trustee of the trust
Presentation: Limitation of Liability Clauses in Business Contracts
David F. Johnson co-presented with Zachary S. Davis from Stoel Rives LLP, in Portland, Oregon, on “Limitation of Liability Clauses in Business Contracts: Limiting Potential Damages and Avoiding Pitfalls” on January 31, 2023, for national CLE provider Strafford. This CLE webinar was intended to guide business counsel and owners to
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:
Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A Beneficiary Designation
In Donnelly v. Donnelly, a widow sued her deceased husband’s son for failing to change the beneficiary designation on the husband’s IRA to name her. No. 14-21-00592-CV, 2022 Tex. App. LEXIS 7615 (Tex. App.—Houston October 13, 2022, no pet. history). The IRA account had the husband’s three sons listed as beneficiaries. The widow alleged that the husband told his son, who was his financial advisor, to change the beneficiary designation, and the son said that he had done so. After the husband died, the widow discovered that the beneficiary designation had not been changed and sued for breach of fiduciary duty. The trial court granted the son a summary judgment, and the widow appealed.