David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his paper on “Joint Account Litigation in Texas” to the Texas Bankers Association via a webinar on April 29, 2020. This presentation addresses the creation, ownership, and disputes that arise from joint accounts. It also addresses who owns money in an
Recorded Webinar—Administering a Trust In a Recession: Issues Surrounding Trust Loans to Beneficiaries
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the topic of 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
Webinar: Administering a Trust In a Recession–Issues Surrounding Trust Loans to Beneficiaries (April 21)
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
Presentation: Trustee Quandary – Criminal Activity by a Beneficiary With or On Trust Property
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
Recorded Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
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
Webinar – Arbitration, Forum-Selection, and Jury-Waiver Clauses in Trust and Will Disputes
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,
The Texas Legislature Has Limited Discovery Of A Defendant’s Net Worth For Exemplary Damage Claims
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
Recorded Webinar – Texas Fiduciary Litigation Update: 2018-2019
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.
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David F. Johnson Included in “Most Popular Reads in 2019” by JD Supra
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
Presentation: The Use of Arbitration, Forum-Selection, Jury-Waiver Clauses in Trust & Estate Litigation
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