In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’ divorce decree and
Latest from The Fiduciary Litigator
Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A Defendant, But Otherwise Affirming The Trial Court’s Denial Of An Objection To Personal Jurisdiction
In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No. 08-23-00327-CV, 2024 Tex. App. LEXIS
Presentation: Ethics in Estate Planning, Probate, and Trust Administration
David F. Johnson co-presented with Kenneth J. Fair on the topic of “Ethics in Estate Planning, Probate, and Trust Administration” as part of the Strafford webinar series on May 27, 2025.
The discussion highlighted various factors in estate planning and
Presentation: Parting is Such Sweet Sorrow – Issues Arising From Trust Termination and Trustee Succession in Texas
David F. Johnson presented “Parting is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession in Texas,” to the North Texas Estate Planning Council. This presentation addressed the main legal issues that arise when trusts terminate or there
Presentation – Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas
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 addressed the main legal issues that arise
Presentation: Bad Boys, Bad Boys: Ramifications for Intentional Breaches of Fiduciary Duties by Trustees
On May 9, 2025, David Johnson gave his presentation “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees,” to the Corpus Christi Estate Planning Council. This presentation addressed the following issues: pre-trial remedies; Texas Trust Code
Recorded Webinar: Trustee Removal in Texas
David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses the challenges of navigating the complexities of trustee removal in Texas. This presentation explored the legal issues involved in removing and replacing trustees in Texas, including non-judicial removal,
Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.] August 29, 2024, no
Court Held That Non-Attorney Executor Could Not Appeal An Order
In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed). The executrix filed an appeal,
Presentation: Bad Boys, Bad Boys – Ramification for Intentional Breaches of Fiduciary Duties by Trustees
David F. Johnson presented “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees” to the Corpus Christi Estate Planning Council. This presentation addressed the following issues: pre-trial remedies; Texas Trust Code provisions dealing with removal, damages,