Trust and estate litigation is increasing due to the aging of our population and the great transfer of wealth over the next twenty years. David F. Johnson, lead writer for the Fiduciary Litigator blog, will address the top issues
The Fiduciary Litigator blog, published by Winstead PC, focuses on legal issues related to fiduciary duties, trust and estate litigation, and related procedural matters. It covers topics such as standing and capacity to sue in fiduciary and trust disputes, breach of fiduciary duty claims, rights of beneficiaries and trustees, guardianship proceedings, and the application of statutes like the Texas Citizens Participation Act in trust litigation. The blog also addresses practical guidance on fraud and estate administration issues, including the roles of heirs, executors, and trustees in litigation. It provides analysis of court decisions impacting fiduciary relationships and trust governance.
Trust and estate litigation is increasing due to the aging of our population and the great transfer of wealth over the next twenty years. David F. Johnson, lead writer for the Fiduciary Litigator blog, will address the top issues…
In Marshall v. Marshall, there were multiple trusts created by J. Howard Marshall and E. Pierce Marshall involving Koch Industries shares. No. 14-25-00322-CV, 2026 Tex. App. LEXIS 1970 (Tex. App.—Houston [14th Dist.] March 3, 2026, pet. filed). Preston Marshall is…
In Padilla-Madden v. Sandoval, Sandoval (Texas) and Madden (Alabama) made oral agreement for Madden to share trustee compensation. No. 04-25-00303-CV, 2026 Tex. App. LEXIS 2250 (Tex. App.—San Antonio March 11, 2026, pet. denied). Sandoval facilitated Madden’s appointment as trustee for…
In Estate of Wynn, William Reese Wynn, Sr. died in 2021, leaving a will from 2003 that primarily benefited his wife Susan. No. 10-23-00187-CV, 2025 Tex. App. LEXIS 9682 (Tex. App.—Waco December 18, 2025, no pet. history). The will included…
The Texas Supreme Court has the opportunity to accept a petition for review in an important case dealing with a spendthrift trust, trustee capacity, and trustee due process rights. In Allison v. Borunda, P.C., siblings Caroline and Richard Allison (“Siblings”)…
In In re Est. of McCulloch, David McCulloch died August 14, 2022, with a pour-over will leaving all property to the David and Vicki McCulloch Trust. No. 02-25-00036-CV, 2026 Tex. App. LEXIS 2094 (Tex. App.—Fort Worth March 5, 2026, no…
In Criswell v. Polk, Catherine Polk sued Dolores Sharp over Houston real property ownership. No. 01-22-00428-CV, 2026 Tex. App. LEXIS 2290 (Tex. App.—Houston [1st Dist.] March 12, 2026, no pet.). The probate court granted partial summary judgment for Polk, vesting…
In Frost Bank v. Glenn, Jo Ann Turrentine created a revocable living trust in 2007, naming herself and Raymond James as co-trustees. No. 13-23-00595-CV, 2025 Tex. App. LEXIS 9484 (Tex. App.—Corpus Christi December 11, 2025, no pet.). After Turrentine’s death…
In In the Est. of Ledbetter, Lonnie Ledbetter Jr. married Tawni in December 2023 at age 81, shortly after his wife of 44 years died. No. 02-25-00263-CV, 2025 Tex. App. LEXIS 9540 (Tex. App.—Fort Worth December 11, 2025, no pet.).…
In In re Est. of Corbett, Robert William Corbett died on November 26, 2016, unmarried and without children. No. 14-24-00922-CV, 2025 Tex. App. LEXIS 9380 (Tex. App.—Houston [14th Dist.] December 9, 2025, no pet.). Robert’s 2016 will bequeathed his residue…