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Winstead PC

Presentation - Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas

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On May 21, 2025, David Johnson gave his presentation “Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas,” to the North Texas Estate Planning Council. This presentation...more

Fleurinord Law PLLC

Golden Divorce & Estate Planning: Why Updating Your Beneficiaries is Essential

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The term "gray divorce" is commonly used to describe later-life separations, but "golden divorce" might be a more fitting term, suggesting optimism and new beginnings. This concept reminds me of the beloved 1980s sitcom The...more

Adams & Reese

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

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“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which...more

Winstead PC

Court Held That The TCPA Does Not Apply To Claim Involving Texas Trust Code Section 113.28 And Suits Against Third Parties

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In McCoy v. McCoy, trust beneficiaries sued the trustee for breaching his fiduciary duties by pursing claims against a third party when they instructed him not to do so. No. 08-23-00119-CV, 2023 Tex. App. LEXIS 6604 (Tex....more

Winstead PC

[Webinar] Financial Services - Issues Regarding The Attorney-Client Privilege For Trustees In Texas - September 26th, 10:00 am -...

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This presentation will take a detailed look at the attorney-client privilege between a trustee and its attorney, the scope of the privilege, the fiduciary exception that would allow beneficiaries to review communications and...more

McGlinchey Stafford

Texas Home Equity Lenders: Understanding New Legislative Changes

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Release of Liens- One statute specifically affects mortgage servicers and mortgagees. The statute (House Bill 219) adds Section 343.108 to the Texas Finance Code, which requires a mortgage servicer or mortgagee to deliver a...more

Winstead PC

[Webinar] A Trustee’s Duty To Disclose - June 13th, 10:00 am - 11:00 am CT

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David F. Johnson will address the complex issues surrounding a trustee’s duty to disclose and will compare Texas law and the Uniform Trust Code on this topic. He will address disclosure requirements under trust documents and...more

Patterson Belknap Webb & Tyler LLP

Delaware Court Finds Texas’s Trust Fund Doctrine Lives, but Debtor’s Fiduciary Claims Dead on Arrival

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A Delaware bankruptcy court recently held that Texas’s “trust fund doctrine” remains applicable for companies that have not availed themselves of Texas’s formal dissolution process.  Nonetheless, fiduciary claims by a...more

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