In Castaneda v. Chapa, the executrix of an estate sued regarding the decedent changing account designations and a deed to real estate. No.13-22-00537-CV2024 Tex. App. LEXIS 3376 (Tex. App.—Corpus Christi May 16, 2024, no pet. history). The trial court ruled for the executrix, and the other parties appealed asserting
Upcoming Webinar—Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
WEBINAR (October 22): David F. Johnson, lead writer for The Fiduciary Litigator blog, will present the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation will cover Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and
Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document
Court Affirmed Order Reinstating Receivership While Case Was On Appeal
Author David F. Johnson Makes 2024 Texas Super Lawyers® Top 100 Texas Super Lawyers List
Winstead PC is pleased to announce that David Johnson has been named to the 2024 Texas Super Lawyers® list and also the Top 100: Texas Super Lawyers and Top 100: Dallas/Fort Worth Super Lawyers in the areas of Estate & Trust Litigation and Business Litigation. There are currently 130,000 licensed
Court Affirmed A Judgment For An Estate Because The Personal Represented Participated In The Case
Court Reversed Summary Judgment On Whether A Person Was The Current Trustee And On Certain Modification Claims But Affirmed Summary Judgment Rejecting Termination Of The Trust And On Other Modification Claims
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his sister was the trustee, and in the alternative, he sought termination
Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024). The trial court granted that relief. The court of appeals reversed, holding
Personal Tribute For Author’s Parents
My mother Ann Johnson passed in February of 2022, and my father Derwood Johnson just passed in August of 2024. When a second parent dies, a child mourns both parents’ deaths. I am very lucky to have had my parents, and I have been doing a lot of thinking this
Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust
In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No. 14-23-00131-CV, 2024 Tex. App. LEXIS 3208 (Tex. App.—Houston [14th Dist.] May 9, 2024