David F. Johnson, lead writer for the Fiduciary Litigator blog, will address 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 life changes, multiple
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No. 24-0778, 2026 Tex.
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.). In December 2023, Kenneth’s daughters filed
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses fiduciary issues that Texas courts resolved during the review period of summer of 2024 to summer of 2025. The presentation reviews the following issues:
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises victims to report fraud to local police first. Deciding to
In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no pet.). Plaintiffs allege that the
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate while the estate’s administration
In this recorded webinar, Winstead Shareholders David F. Johnson and Rebecca C. Bergeron explore the many issues trustees face when managing oil and gas assets. This session offers key insights into the Uniform Prudent Investor Act, Uniform Principal and Income
