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.
Webinars
FSIG Webinar – Distributions from Trusts in Texas: Part One of a Two Part Series
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.
Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?
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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Recorded Webinar: Co-Trustees Managing Trusts In Texas
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.
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Recorded Webinar—Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries
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,…
Webinar: Administering a Trust In a Recession–Issues Surrounding Trust Loans to Beneficiaries (April 21)
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, will address 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…
Recorded Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated with these litigation-altering clauses such as common defenses, standards for…
Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
Join us for a complimentary webinar on the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes. We will also discuss other related issues associated with these litigation-altering clauses such as common defenses, standards for enforcement, and potential forms for these…
Recorded Webinar – Texas Fiduciary Litigation Update: 2018-2019
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gunn Trusts, statute of limitations, quasi-estoppel, arbitration, conspiracy, employee liability, and other issues.
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Recorded Webinar – Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses rising drug abuse issues and the possibility that a beneficiary of a trust may commit criminal activities on or with trust property. This webinar provides suggestions for trustees in…