On May 1, 2025, David F. Johnson presented his paper, “Trust Distributions in Texas,” to the Tarrant County Probate Bar Association. His presentation covered the construction of trusts, various distribution standards (mandatory, discretionary, ascertainable/unascertainable, HEMS), related tax and liability issues, fiduciary duties concerning distributions (like disclosure, loyalty, and impartiality), implications
David F. Johnson, lead writer for The Fiduciary Litigator blog, addresses the statutory requirements and limits for modifying and reforming trusts in Texas. The presentation also addresses recent caselaw surrounding the type of evidence allowed in a hearing on a modification and limitations on the court’s authority to award modification
David F. Johnson, lead writer for The Fiduciary Litigator blog, presents the potential ramifications of a trustee’s intentional breach of fiduciary duty. His presentation covers the Texas Trust Code provisions (including removal, damages, attorney’s fees, receiverships, injunctions, and exculpatory clauses), fee forfeiture, disgorgement, punitive damages, and criminal statutes.
Who should
David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce proceedings, including trust basics, voiding trusts due to fraud/constructive fraud/breach of fiduciary
David F. Johnson ‘s recent article “The More the Merrier? Issues Arising from Co-Trustees Administering Trusts” was published in the Texas Tech Estate Planning and Community Property Law Journal. The article addresses the benefits and detriments of appointing co-trustees, who can be a co-trustee and succession issues, fiduciary duties of
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the topic of beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law,
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, will address beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law, and
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas. This presentation included a discussion of the finality of summary judgments,
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, has been recognized as a top author by JDSupra in the 2019 Readers’ Choice Awards.
JD Supra’s Readers’ Choice Awards encompasses 26 different categories. From a pool