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 In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder rights and designated Maryland as the exclusive forum for
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises victims to report fraud to local police first. Deciding to hire a lawyer depends on the amount lost, as legal
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no pet.). Plaintiffs allege that the uncles conveyed trust property to themselves and their wives
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate while the estate’s administration is ongoing. No. 13-23-00464-CV, 2025 Tex. App. LEXIS 2946
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
Shareholder David F. Johnson was honored to be on a panel with Martin Kenney, Paul Martin, Paul Austin and Dr. Alexander Stein PhD that presented “The End Of The Baby Boomer Generation And The Largest Succession Of Wealth In History – a New Frontier in Asset Recovery?” at the Forty
In In re Est. of Edward Long, the primary legal issue concerned the interpretation of a will, specifically whether the residuary clause—which bequeathed the residue of the estate to certain trusts for the decedent’s brothers—remained effective at the time of the decedent’s death. No. 06-24-00064-CV, 2025 Tex. App. LEXIS
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
Winstead PC is pleased to announce that David Fowler Johnson has been recognized by Best Lawyers in America as a 2026 “Lawyer of the Year.” This honor is a testament to David’s outstanding contributions to the legal profession and his work as a leading authority in fiduciary litigation.
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