David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, will address beneficiaries requesting loans from trustees. There are multiple issues that arise regarding the trustee’s authority to do so under the trust’s language and statutory and common law, and the loan’s impact on duties
David F. Johnson presented his paper “Trustee Quandary: Criminal Activity By a Beneficiary With or On Trust Property,” to the Tarrant County Probate Bar Association on March 5, 2020. The presentation dealt with a trustee managing trust assets that are being used by a beneficiary in the course of criminal activity and addressed a trustee’s
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated with these litigation-altering clauses such as common defenses, standards for enforcement, and potential forms for
Join us for a complimentary webinar on the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes. We will also discuss other related issues associated with these litigation-altering clauses such as common defenses, standards for enforcement, and potential forms for these clauses.
Date: Tuesday, February 18,
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. “Exemplary damages” includes punitive damages. Tex. Civ. Prac. & Rem. Code Ann. § 41.001(5). A jury may only
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gunn Trusts, statute of limitations, quasi-estoppel, arbitration, conspiracy, employee liability, and other issues.
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, was selected for JD Supra’s “Most Popular Estate Planning Reads in 2019.”
The blog post, “Court Holds That a Will Left a Partial Intestacy,” is listed as the #9 most well-read estate planning
David F. Johnson presented his paper “The Use of Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on December 5, 2019. This presentation discussed the general purposes for those clauses, the standards for enforcement, procedural aspects of enforcement, the impact
I. Introduction
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in the future.
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Detecting Elder Abuse and The Duty to Report Financial Exploitation” to the Southwest Association of Bank Counsel on Thursday, September 26, 2019, in Santa Fe, New Mexico. This presentation focused on factors to detect the two main tools of elder abuse, undue influence and mental incompetence, and also discussed a financial institution’s duty to report elder abuse to the proper authorities. David also discussed financial institutions’ potential liability risk for failing to detect and report elder abuse. The paper, PowerPoint, and a recent CFPB alert on elder abuse are attached.
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