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.).
The Fiduciary Litigator
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.
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Court Reverses Jurisdictional Challenge In A Will Contest Where There Was A Fact Question On Whether A Prior Will Would Be Admitted And Whether The Decedent Would Be Intestate
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…
Court Held That Funeral Home Did Not Have Liability For Following Decedent’s Girlfriend’s Directions
In Radford v. Stansbury, Lonzell Radford died on June 21, 2023, while living with Ardie Govan. No. 06-25-00058-CV, 2025 Tex. App. LEXIS 9052 (Tex. App.—Texarkana November 17, 2025, no pet.). Govan reported the death to WCSO, which called Croley Funeral…
Court Holds That Jury’s Decision That A Will Was A Forgery Should Have Been Entered As The Judgment
In In re Bice, Lois Kathlyn Bice died in 2009, survived by her husband Donald Gene Bice and three daughters. No.10-25-00307-CV, 2025 Tex. App. LEXIS 9005 (Tex. App.—Waco November 20, 2025, no pet.). In 2010, all parties signed a notarized…
Court Held That An Illegitimate Child Was Not A Beneficiary Of A Trust Due To The Law In Effect At The Time Of The Trust’s Creation
Court Affirmed Rejection Of Executor As Being Unsuitable Who Had Assaulted A Beneficiary
In In re Est. of Terrell, the decedent Sue died on May 15, 2010. No. 12-25-00177-CV, 2025 Tex. App. LEXIS 8901 (Tex. App.—Tyler November 19, 2025, pet. denied). In August 2022, Sue’s son Donald Ray Terrell filed an application for…
David F. Johnson Recognized for Distinguished Service on the Texas Board of Legal Specialization
David F. Johnson, lead writer for the Fiduciary Litigator Blog, has officially concluded a distinguished six-year tenure on the Board of Directors for the Texas Board of Legal Specialization (TBLS).
Since 2020, David has provided leadership and strategic insight to…
Court Reversed A Jury Trial Due To Inadequate Damage Evidence And Reversed Summary Judgments Based On The Trustee’s Discretion To Make Distributions And An Exculpatory Clause
In Marshall v. Marshall, the Marshall Grandchildren’s Trust (“Trust”) was established in 1987 for Preston Marshall’s benefit, with his parents Elaine and E. Pierce Marshall as trustees. No. 14-23-00276-CV, 2025 Tex. App. LEXIS 8751 (Tex. App.—Houston [14thDist.] November 13, 2025,…
Texas Supreme Court Will Review What Evidence A Court Can Review To Effectuate A Testator’s Intent
The Texas Supreme Court recently granted the petition for review in the Estate of Charles Edward Long, No. 25-0601. This case deals with a will that provided for bequests to the testator’s daughter and his brothers’ trusts. The Supreme Court…
Presentation: Trust Litigation in Texas
David F. Johnson presented on “Trust Litigation in Texas” to the Tarrant County Bar Association’s Court Staff CLE on June 9, 2026, in Fort Worth, Texas. David discussed the concept of a trust, trustee fiduciary duties, standing to bring trust…
