In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025, no pet.). The successor trustee sued
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Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty
In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex. App.—Houston [14th Dist.] August 21, 2025, no pet.).
Becoming a Fiduciary Litigator — State Bar of Texas Course
Lead writer for the Fiduciary Litigator blog, David F. Johnson, participated in a panel on trying a fiduciary case with Hon. Brian Stagner and Sarah Pacheco at the State Bar of Texas’s first “Becoming a Fiduciary Litigator” course in
Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute
In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25, 2025, original proceeding). In 2020, the settlor’s son sued for a
Texas 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
Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025, original proceeding). After R.C.’s death
Recorded Webinar – Ethics in Estate Planning, Probate, and Trust Administration
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting individuals and families. Factors such as unforeseen
David F. Johnson Receives the 2026 JD Supra Readers Choice Award – Top Author in Wealth Management
Congratulations to Winstead Shareholder David F. Johnson for being named a recipient of the 2026 JD Supra Readers’ Choice Awards. This achievement marks David’s eighth year of recognition in the Wealth Management category, further highlighting his reputation as a leading
Court Holds That A Trustee Cannot Appeal An Order Pro Se
In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025 Tex. App. LEXIS 4958 (Tex. App.—Houston [14th Dist.] July 15,