In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No. 14-23-00276-CV, 2025 Tex. App. LEXIS 8751 (Tex. App.—Houston [14thDist.] November 13, 2025, no pet. history). From 2007-2014, the Trust distributed income
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to the testator’s daughter and his brothers’ trusts. The Supreme Court will review what evidence is admissible to determine a
Presentation: Trust Litigation in Texas
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
Presentation: Top Trust and Estate Issues the Texas Supreme Court Should Address
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
Recorded Webinar: Administration of Minority Interests In Closely Held Businesses By Trustees
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
Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts’ Judgments
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
Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate Court
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
Court Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial
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
Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The Defendant
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
Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest
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