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The Fiduciary Litigator

Topics

Business Divorce

Texas Supreme Court Holds That Law Firm Could Not Redeem A Departing Partner’s Shares For No Value Under The Parties’ Shareholder AgreementFederal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee

Cases Decided

Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate CourtCourt Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial

Cases Decided

Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts' JudgmentsTexas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent

Federal Cases

Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable ControversyFederal Court Dismissed Some But Not All Claims Against Individuals And Entities Arising Out Of Operation Of A Limited Partnership

Items of Interest

David F. Johnson Receives the 2026 JD Supra Readers Choice Award – Top Author in Wealth ManagementWhen to Call a Lawyer After Fraud Strikes (AARP Article)

Latest From Knowledge Library

Becoming a Fiduciary Litigator — State Bar of Texas CourseWhen to Call a Lawyer After Fraud Strikes (AARP Article)

Latest From Other States

Colorado Case Holds That A Beneficiary’s Lifestyle Is Judged At The Time That The Settlor Dies Or When The Trust Becomes Irrevocable

Texas Court of Appeals

Court Held That District Court Had Concurrent Jurisdiction Over Probate Matters In County With No Statutory Probate CourtCourt Affirms Finding That Settlor Did Not Have Capacity To Execute A New Will Based On Conflicting Evidence After A Jury Trial

Texas Supreme Court

Texas Supreme Court Holds That Expert Testimony On Informal Marriage Was Inadmissible and Reverses Lower Courts' JudgmentsTexas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent

Uncategorized

Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The DefendantPresentation - Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas

Webinars

Upcoming Webinar: Administration of Minority Interests In Closely Held Businesses By TrusteesRecorded Webinar - Ethics in Estate Planning, Probate, and Trust Administration
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The Fiduciary Litigator

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The Fiduciary Litigator provides important legal news, updates on recently decided and pending case precedent, and commentary to directors, officers, managers, in-house counsel, and other legal officers who serve the financial services industry.

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