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Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity

​​​​​​​In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more

Co-Trustees Administering Trusts in Texas - Presentation

David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation addressed the benefits and...more

Fiduciary Compensation in Texas - Presentation

David Johnson presented his paper on “Fiduciary Compensation and Forfeiture” to the Southwest Association of Bank Counsel fall legal conference on September 15, 2022, in Fort Worth, Texas. David addressed a fiduciary’s duty...more

Voir Dire (In a Post Covid World)

David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in Austin, Texas, on September...more

Court Held That Those In Control Of A Limited Liability Company May Owe Fiduciary Duties To The Company And Its Members

​​​​​​​In In re Mijares, a plaintiff claimed that a defendant defrauded him and breached fiduciary duties owed to him by charging improper, excessive, and unauthorized expenses to their medical practice, causing the...more

Employee’s Fiduciary Duty May Not Be Limited To His Or Her Employer

​​​​​​​In Trench Tech Int’l, Inc. v. Tech Con Trenching, Inc., the son of an owner of a company, who was an employee, downloaded design plans and other information and went to another company who used that information. No....more

[Webinar] Financial Services - Advising Trustees Who Manage Closely-Held Business Interests - September 27th, 10:00 am - 11:00 am...

Settlors often place some or all of the ownership in a closely-held business in a trust. A trustee managing a trust with an interest in a closely held business has difficult management issues to address and this often raises...more

Court Construed A Will To Provide That Mineral Interests Were Devised To The Surviving Daughter’s Family And To Cut Out A...

In Prather v. Callon Petroleum Operating Co., the court of appeals resolved a will construction issue that determined who owned certain mineral interests. No. 11-20-00189-CV, 2022 Tex. App. LEXIS 3200 (Tex. App.—Eastland May...more

Court Reversed Order Admitting A Will To Probate As A Muniment Of Title Due To The Statute Of Limitations

In Marshall v. Estate of Freeman, a trial court’s order admitting a will as a muniment of title forty-one years after the testator’s death was reversed. No. 03-20-00449-CV, 2022 Tex. App. LEXIS 2857 (Tex. App.—Austin April...more

8/8/2022  /  Estate Planning , Executors , Probate , Wills

Advising Trustees Who Manage Closely-Held Business Interests - Presentation

David F. Johnson presented “Advising Trustees Who Manage Closely-Held Business Interest” to the WealthCounsel webinar on June 30, 2022. Settlors often place some or all of the ownership in a closely-held business in a trust....more

Court Affirmed Summary Judgment For Bank On Non-Customer’s Aiding And Abetting Breach Of Fiduciary Duty Claim

In Ahmed v. Bank of Whittier, a party sued a bank for aiding and abetting breach of fiduciary duty by assisting the plaintiff’s attorney in improperly depositing settlement funds. No. 05-21-00058-CV, 2022 Tex. App. LEXIS 2987...more

Partner Had Capacity To Sue Other Partner For Breach Of Fiduciary Duty

In Power v. Power, one brother sued the other brother for breach of fiduciary duty related to their partnership in real estate investing. No. 05-19-01557-CV, 2022 Tex. App. LEXIS 2926 (Tex. App.—Dallas May 3, 2022, no pet....more

Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For...

In In re Poe Trust, there were three co-trustees of a trust, and the trust required them to act jointly. No. 20-0179, 2022 Tex. LEXIS 548 (Tex. June 17, 2022)....more

Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner

In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more

Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockholder

In In re Estate of Poe, shortly before his death, Dick, who was the sole director of Poe Management, Inc. (PMI), authorized the corporation to issue new shares that he bought for $3.2 million. No. 20-0178, 2022 Tex. LEXIS 544...more

Court Affirmed Order Denying A Family Allowance

In In re Estate of Wetzel, a widow and independent administrator of her husband’s estate appealed a trial court’s order denying her requested family allowance. No. 05-20-01104-CV, 2022 Tex. App. LEXIS 2618 (Tex. App.—Dallas...more

Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed...

In Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. No. 05-20-00215-CV, 2022 Tex. App. LEXIS 2991 (Tex. App.—Dallas May 4, 2022, no pet. history)....more

Suing Attorneys In Texas For Participating in Fiduciary Breaches

It is not uncommon for an attorney to execute all or part of his or her client’s wishes, which may be in breach of a fiduciary duty owed by the client to a third party. The third party can certainly sue the client for...more

Appellate Court Rules On Supersedeas Issues For Appeal Of Breach Of Fiduciary Duty Judgment

In Ahlgren v. Ahlgren, the plaintiff asserted that the defendant breached fiduciary duties by taking assets held in trust for the plaintiff’s father. No. 13-22-00029-CV, 2022 Tex. App. LEXIS 2843 (Tex. App.—Corpus Christi...more

Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation

Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more

Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement

In Jones v. Jones, the decedent’s wife filed an application for probate of an attested will for her husband, and the decedent’s son from a previous marriage filed a petition contesting the will. No. 01-20-00073-CV, 2022 Tex....more

Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed...

In Berry v. Berry, one brother sued his other three brothers regarding the leasing of a family ranch. No. 20-0687, 2022 Tex. LEXIS 405 (Tex. May 13, 2022)....more

Texas Passes A New Law To Punish Elder Financial Abuse

The Texas Legislature recently enacted a new law that criminalizes the financial abuse of the elderly. This is in response to the increasing financial attacks on the elderly....more

Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging...

In In re Estate of Vines, a probate court appointed a receiver over a business that was owned by a decedent. No. 01-21-00003-CV, 2022 Tex. App. LEXIS 2327 (Tex. App.—Houston [14th Dist.] April 12, 2022, no pet. history)....more

Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client

In Hussion St. Bldgs., LLC v. TRW Eng’rs, Inc., the plaintiff landowner claimed its real property was injured by the failure of an engineering firm involved in developing the adjoining property to include a water-detention...more

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