In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses fiduciary issues that Texas courts resolved during the review period of summer of 2024 to summer of 2025. The presentation reviews the following issues: whether a party has a right to jury trial in
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when managing oil and gas assets. This session offers key insights into the Uniform Prudent Investor Act, Uniform Principal and Income Act, trust accounting for mineral interests, risk management for concentrated
David F. Johnson, lead writer for the Fiduciary Litigator blog, and Rebecca Bergeron will address the many issues that a trustee has to address when managing oil and gas assets, such as the Uniform Prudent Investor Act, Uniform Principal and Income Act, trust accounting for mineral interests, concentrations and
David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses the challenges of navigating the complexities of trustee removal in Texas. This presentation explored the legal issues involved in removing and replacing trustees in Texas, including non-judicial removal, successor trustee issues, release agreements, judicial discharge relief, standing to
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
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 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 Johnson, lead writer for The Fiduciary Litigator blog, discusses the main legal issues that arise when trusts terminate or there is a successor trustee, such as trustee resignation, trustee removal, who can be a successor trustee, co-trustee resignation issues, successor trustee duty to police, prior trustee duty to report