David F. Johnson presented on “Trust Litigation in Texas” to the Tarrant County Bar Association’s Court Staff CLE on June 9, 2026, in Fort Worth, Texas. David discussed the concept of a trust, trustee fiduciary duties, standing to bring trust claims, parties to trust disputes, capacity issues, interim relief in
David F. Johnson presented his paper “Top Trust and Estate Issues the Texas Supreme Court Should Address” to the State Bar of Texas’s 50th Annual Advanced Estate Planning and Probate Course in Frisco, Texas, on June 3, 2026. David discussed the right to jury trials in trust proceedings, jurisdiction over
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses a trustee’s duties and responsibilities regarding the management and administration of minority interests in closely held businesses. Administering closely held business interests presents unique and difficult decisions by trustees. This presentation addresses a trustee’s
In In re Est. of Lopez, Guadalupe Lopez, Jr. applied for independent administration and heirship determination after his father’s death. 724 S.W.3d 847 (Tex. 2025). Gonzalez filed a petition claiming to be Lopez Senior’s common-law wife. At trial, the court allowed former judge Alicia York to testify as an expert
In Shaw v. Simpson, Sarah Shaw inherited her husband Shad’s business interests after his intestate death in 2018. No. 13-23-00549-CV, 2025 Tex. App. LEXIS 8545 (Tex. App.—Corpus Christi November 6, 2025, no pet.). Sarah initiated probate proceedings in Kleberg County Court in August 2018. Richard Shaw (Shad’s father) sued
In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App. LEXIS 5171 (Tex. App.—Houston [14th] July 22, 2025, no pet.). The grandchildren contested this will on
In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV, 2025 Tex. App. LEXIS 5917 (Tex. App.—Fort Worth August 7, 2025, no pet.). Darrell, one of the settlor’s sons, recorded
In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025, no pet.). The successor trustee sued for breach of fiduciary duty, conversion, and declaratory and
In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex. App.—Houston [14th Dist.] August 21, 2025, no pet.). In 2003, Herman sold real property owned by GBH to
Lead writer for the Fiduciary Litigator blog, David F. Johnson, participated in a panel on trying a fiduciary case with Hon. Brian Stagner and Sarah Pacheco at the State Bar of Texas’s first “Becoming a Fiduciary Litigator” course in Fort Worth, Texas. David served as the moderator and a