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Business Appreciation: Adding Gratitude to Company Culture in 2020
Court Rules Against Trustee’s Right to a Jury Trial Where the Trustee Agreed To A Summary Proceeding
In Lavizadeh v. Moghadam, a trustee purchased real estate and then had a dispute with a guarantor. No. 05-18-00955-CV, 2019 Tex. App. LEXIS 10835 (Tex. App.—Dallas December 13, 2019, no pet. history). The trial court ruled against the trustee, and the trustee objected to the failure to have a jury trial. The trial court overruled that objection, and the trustee appealed. The court of appeals first held that the trustee waived any issue on the…
Court Holds That A Husband Had No Interest In His Deceased’s Wife’s Real Estate That Was Obtained Via A Gift Deed
In Leland House v. Webb, a husband sued his deceased wife’s executor to quiet title in real estate that she obtained from her aunt. No. 06-19-00054-CV, 2019 Tex. App. LEXIS 10012 (Tex. App.—Texarkana November 19, 2019, no pet. history). The executor argued that the transfer was not a sale of property, but was a gift. The trial court ruled for the executor, and the husband appealed. The court of appeals first reviewed the law regarding…
It’s the Final Countdown: Being Prepared for Regulation Best Interest
Eliminate Investor Fraud Claims in 2020: Recent Texas Supreme Court Decision Shows the Way
Court Holds That Will Contestant Was Not Estopped From Challenging The Will Due To Accepting Assets
In In the Estate of Johnson, a decedent’s daughter filed a will contest after accepting over $146,000 from the estate. No. 05-18-01193-CV, 2019 Tex. App. LEXIS 9646 (Tex. App.—Dallas November 4, 2019, no pet.). The executrix filed a motion in limine challenging the daughter’s standing and asked the trial court to dismiss the will contest, which the trial court did. The daughter appealed.
The court of appeals first addressed whether the daughter had standing to…
Recorded Webinar – Texas Fiduciary Litigation Update: 2018-2019
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gunn Trusts, statute of limitations, quasi-estoppel, arbitration, conspiracy, employee liability, and other issues.
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Texas Fiduciary Litigation Update: 2018-2019 – PowerPoint
Texas Fiduciary Litigation Update: 2018-2019 – Paper
If you are interested in joining our next complimentary webinar or presentation, please send your request…
David F. Johnson Included in “Most Popular Reads in 2019” by JD Supra
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, was selected for JD Supra’s “Most Popular Estate Planning Reads in 2019.”
The blog post, “Court Holds That a Will Left a Partial Intestacy,” is listed as the #9 most well-read estate planning article published by JD Supra in 2019. Click here to view the complete list.
David serves as the managing shareholder of Winstead’s Fort Worth office. He maintains an active…
Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust
In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues. No. 08-18-00074-CV, 2019 Tex. App. LEXIS 7838 (Tex. App.—El Paso August 28, 2019, no pet.). After the trial court granted the modification, a party to the proceeding appealed and argued that the trial court erred in refusing…