David F. Johnson, lead writer for The Texas Fiduciary Litigator blog, will examine the attorney-client privilege between a trustee and its attorney in detail. We will explore the extent of the privilege, the fiduciary exception that permits beneficiaries to access communications, and whether Texas acknowledges this exception. Additionally, we will cover joint-client and
This webinar will provide guidance regarding the appropriate limitation of liability (LOL) clauses in contracts dealing with fiduciary relationships. The LOL clause can operate to limit a party’s direct, indirect, consequential, special, and incidental damages or may cap damages at either an amount agreed upon by the parties, the contract amount, or the parties’ insurance
In this presentation David F. Johnson covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or community, settlor standing to complain
This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or community, settlor standing to complain about trust administration issues,
David will cover recent statutory changes and case law updates. He will discuss extending the rule against perpetuities, de jure versus de facto status as trustee, modifications to trusts, trust construction, temporary injunctions against trustees, trustee authority to sell real estate, trust management of closely held businesses, co-trustee management, exculpatory clauses, acceptance-of-the-benefits doctrine, will reformation
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries. The first part of the series discussed the general standards for trust distributions. 
The second part of this series will address other issues concerning distributions, such as the duty to disclose distributions, the duty of impartiality, the principal and income act, prudent investor act, trust provisions that allow the divesting of a beneficiary’s right to distributions, issues arising from a trustee also being a beneficiary, trustee discretion in distributing a trust upon termination, distributions to minors or incapacitated beneficiaries, loans from a trust as a distribution, spendthrift trust issues, co-trustee managing issues, exculpatory clauses, trustee’s defense of failure to know of facts relevant for distributions, trustee’s rights regarding overdistributions, and other relevant issues.
Continue Reading FSIG Webinar – Distributions from Trusts in Texas: Part Two
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries.
Continue Reading FSIG Webinar – Distributions from Trusts in Texas: Part One of a Two Part Series
In this webinar, David F. Johnson will discuss the different types of exculpatory clauses in trust documents, why they exist, the historical treatment of exculpatory clauses in Texas, Texas’s current statutory provisions that impact their enforcement, and current precedent impacting the enforcement of such clauses.
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In this webinar, David F. Johnson covered the many issues that arise from co-trustees managing trusts, including duty to participate in management, delegation, conflicts, compensation, retaining counsel, and other issues.
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the topic of beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law, and the loan’s impact on