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.).
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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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,…