Courts Grant Mandamus To Compel Arbitration In A Will Dispute
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025, original proceeding). After R.C.’s death in 2021, his will was admitted to probate. R.C.’s
Recorded Webinar – Ethics in Estate Planning, Probate, and Trust Administration
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting individuals and families. Factors such as unforeseen life changes, multiple jurisdictions, and vulnerable clients pose unique ethical
David F. Johnson Receives the 2026 JD Supra Readers Choice Award – Top Author in Wealth Management
Congratulations to Winstead Shareholder David F. Johnson for being named a recipient of the 2026 JD Supra Readers’ Choice Awards. This achievement marks David’s eighth year of recognition in the Wealth Management category, further highlighting his reputation as a leading author among C-suite executives and in-house counsel.
As a fiduciary
Court Holds That A Trustee Cannot Appeal An Order Pro Se
In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025 Tex. App. LEXIS 4958 (Tex. App.—Houston [14th Dist.] July 15, 2025, orig. proceeding). The court of appeals held that only
Court Held That A Will Devised Real Property In Fee Simple And Not In A Life Estate Where There Was No Residuary Clause
Upcoming Webinar: Ethics in Estate Planning, Probate, and Trust Administration
David F. Johnson, lead writer for the Fiduciary Litigator blog, will address estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting individuals and families. Factors such as unforeseen life changes, multiple jurisdictions, and vulnerable clients pose unique ethical challenges for trusts
Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will Contest
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No. 24-0778, 2026 Tex. LEXIS 121 (Tex. February 13, 2026). On September 5
Court Holds That A Trust Should Be Construed Under Connecticut Law Due To A Choice-Of-Law Clause And Reverses the Dismissal of Modification And Disclosure Claims
Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had The Authority To Create A Trust And Transfer Assets Into It
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.). In December 2023, Kenneth’s daughters filed for temporary guardianship of Kenneth, which was granted. In July