This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more
11/16/2023
/ Attorney's Fees ,
Beneficiaries ,
Continuing Legal Education ,
Estate Claims ,
Estate Planning ,
Fiduciary ,
Fiduciary Duty ,
Financial Services Industry ,
Injunctive Relief ,
Jury Trial ,
Modification ,
Probate ,
Receivership ,
Release Agreements ,
Right to a Jury ,
Trust Administration ,
Trustees ,
Trusts ,
Webinars ,
Wills
David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more
In Kankonde v. Mankan, an attorney appealed the entry of an arbitration award on behalf of his clients, a doctor and his practice. No. 08-20-00052-CV, 2020 Tex. App. LEXIS 7040 (Tex. App.—El Paso August 31, 2020, no pet....more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more
2/25/2020
/ Arbitration ,
Choice-of-Law ,
Contract Drafting ,
Contract Terms ,
Estate Claims ,
Estate Planning ,
Fiduciary ,
Forum Selection ,
Jury Waivers ,
Mediation ,
Popular ,
Testamentary Capacity ,
Trusts ,
Undue Influence Claims
In In re Estate of Poe, the son of a car dealership owner who was frozen out of control of the business by the dying father’s decision to issue new stock sued his father’s estate, trust, and officers of the business. No....more
In Delgado v. Garza, the plaintiffs sued for breach of a warranty of title, trespass to try title, and other related claims all stemming from a land transaction between an ancestor of the Salinases and an ancestor of the...more
In In re Estate of Chapman, Peoples Bank (the Bank) conducted a non-judicial foreclosure sale of secured real estate owned by an estate and then sued the administrator of the estate in district court due to a deficiency...more
In In re XTO Energy Inc., a beneficiary, on behalf of the trust, sued an oil and gas operator for allegedly not paying sufficient funds to the trust and also sued the trustee for refusing to bring that claim. No....more