This presentation will address the main legal issues that arise when trusts terminate or there is a successor trustee, such as trustee resignation, trustee removal, who can be a successor trustee, co-trustee resignation issues, successor trustee duty to police, prior trustee duty to report, trust termination, impact of termination, a trustee’s wind-up power, claims against
Webinars
Financial Services Fiduciary Litigation Update 2022-2023
Watch Shareholder David F. Johnson address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust disputes, payment of attorney’s fees by trustees, oral trusts, enforceability of release agreements between trustees and beneficiaries, voiding…
Recorded Webinar: Issues Regarding The Attorney-Client Privilege For Trustees In Texas
David F. Johnson, lead writer for The Texas Fiduciary Litigator blog, will examine the attorney-client privilege between a trustee and its attorney in detail. We will explore the extent of the privilege, the fiduciary exception that permits beneficiaries to access communications, and whether Texas acknowledges this exception. Additionally, we will cover joint-client and…
Financial Services Webinar – Use of Limitation-of-Liability Clauses in Fiduciary Relationships
This webinar will provide guidance regarding the appropriate limitation of liability (LOL) clauses in contracts dealing with fiduciary relationships. The LOL clause can operate to limit a party’s direct, indirect, consequential, special, and incidental damages or may cap damages at either an amount agreed upon by the parties, the contract amount, or the parties’ insurance…
Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings
In this presentation David F. Johnson covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or community, settlor standing to complain…
Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings
This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s estate/trust documents, characterization of trust assets and distributions as separate or community, settlor standing to complain about trust administration issues,…
Financial Services Webinar – Fiduciary Litigation Update: 2020-2021
David will cover recent statutory changes and case law updates. He will discuss extending the rule against perpetuities, de jure versus de facto status as trustee, modifications to trusts, trust construction, temporary injunctions against trustees, trustee authority to sell real estate, trust management of closely held businesses, co-trustee management, exculpatory clauses, acceptance-of-the-benefits doctrine, will reformation…
FSIG Webinar – Distributions from Trusts in Texas: Part Two
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries. The first part of the series discussed the general standards for trust distributions. The second part of this series will address other issues concerning distributions, such as the duty to disclose distributions, the duty of impartiality, the principal and income act, prudent investor act, trust provisions that allow the divesting of a beneficiary’s right to distributions, issues arising from a trustee also being a beneficiary, trustee discretion in distributing a trust upon termination, distributions to minors or incapacitated beneficiaries, loans from a trust as a distribution, spendthrift trust issues, co-trustee managing issues, exculpatory clauses, trustee’s defense of failure to know of facts relevant for distributions, trustee’s rights regarding overdistributions, and other relevant issues.
Continue Reading FSIG Webinar – Distributions from Trusts in Texas: Part Two
FSIG Webinar – Distributions from Trusts in Texas: Part One of a Two Part Series
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries.
Continue Reading FSIG Webinar – Distributions from Trusts in Texas: Part One of a Two Part Series
Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?
In this webinar, David F. Johnson will discuss the different types of exculpatory clauses in trust documents, why they exist, the historical treatment of exculpatory clauses in Texas, Texas’s current statutory provisions that impact their enforcement, and current precedent impacting the enforcement of such clauses.
Continuing Education Credit Information:
This course has been approved for…