With the great transfer of wealth from the baby boomer generation, elder abuse and financial exploitation is a very timely and important topic. Undue influence often arises out of seemingly kind individuals who ingratiate themselves to an elderly person, inserting themselves between the person and relatives, and obtaining the person’s bounty due to deceit. This… Continue Reading
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses interesting fiduciary issues that Texas courts have discussed during the survey period of mid-2017 through mid-2018. Some of the issues covered are the tort of intentional interference with inheritance rights, the enforcement of arbitration and forum-selection clauses in trusts and wills, the enforcement of exculpatory… Continue Reading
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented “Tips for Managing the In-House and Outside Counsel Relationship” to the Southwest Association of Bank Counsel’s webinar series on December 13, 2018. David discussed how to select counsel; items to include in engagement letters; communication suggestions at the outset of a matter, during a matter,… Continue Reading
Thank you to everyone who joined us on September 18 for the webinar “Trustees’ Ability to Retain and Pay Attorneys in Texas.” The recorded webinar link is available now. If you are interested in joining our next complimentary webinar or presentation, please send your request to dfjohnson@winstead.com . David F. Johnson, lead writer for the Texas… Continue Reading
David F. Johnson’s presentation will focus on: 1) tips and suggestions for retaining and communicating with counsel and 2) a trustee’s ability and right to pay attorneys both during and after litigation. Date: Tuesday, September 18, 2018 Time: 10:00 – 10:45 a.m. CST Cost: Complimentary Speaker: David F. Johnson Continuing Education Credit Information: This course… Continue Reading
Thank you to everyone who joined us on May 22 for the webinar “Joint Account Litigation in Texas With an Emphasis on Fiduciary Relationships.” The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the Texas… Continue Reading
Thank you to everyone who joined us on February 27 for the webinar “Remedies for a Breach of Fiduciary Duty Claim in Texas. The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the Texas Fiduciary… Continue Reading
David F. Johnson will discuss the potential remedies that plaintiffs can obtain for breach of fiduciary duty claims with an emphasis on trust disputes, and will cover: 1) pretrial remedies of temporary injunctive relief, receiverships, and audits; 2) legal remedies of damages, attorney’s fees, pre-judgment interest; 3) equitable remedies of fee forfeiture, profit and… Continue Reading
Thank you to everyone who joined us on December 12 for the webinar “Fiduciary Litigation Update.” The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas cases that impact… Continue Reading
David F. Johnson will present a forty-five minute webinar on Texas cases that impact fiduciaries. Some of the topics will include: mental anguish and punitive damages for breach of fiduciary duty, lost trust documents, venue for trust disputes, claims against trust property, release of trustees, public policy for voiding wills/trusts, tortious interference with inheritance, conspiracy/aiding… Continue Reading
Thank you to everyone who joined us on September 26 for the webinar “Legislative Update: New Vulnerable Persons and POA Statutes.” The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. David F. Johnson, lead writer for the Texas Fiduciary Litigator blog,… Continue Reading
Join us for a complimentary webinar presentation covering recent changes to the Texas Estates Code’s Texas Durable Power of Attorney Act and recent legislation protecting vulnerable persons and how those impact financial institutions, broker/dealers, and investment advisors. Date: Tuesday, September 26, 2017 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson Continuing Education… Continue Reading
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses a trustee’s decision to use entities to hold trust assets to mitigate risk. David covers benefits and other considerations that a trustee should contemplate before creating such an entity and transferring assets into it. The presentation also highlights the different types of entities… Continue Reading
Join us for a complimentary webinar covering a trustee’s decision to use entities to hold trust assets to mitigate risk. The presentation will discuss the benefits and other considerations that a trustee should contemplate before creating such an entity and transferring assets into it. The presentation will also discuss the different types of entities that… Continue Reading
Thank you to everyone who joined us on December 6 for the webinar “A Trustee’s Duty to Diversity in Texas.” The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE FOR WEBINAR David F. Johnson, lead writer for the Texas Fiduciary Litigator… Continue Reading
Join us for a presentation covering the duty to diversify in Texas, the statutory and common law that discuss the duty, limitations that can be placed on the duty, and methods to limit a trustee’s risk for not diversifying trust assets. Date: Tuesday, December 6, 2016 Time: 10:00 – 10:30 a.m. (CST) Cost: Complimentary Speaker:… Continue Reading
Thank you to everyone who joined us for the “Trustee’s Duty and Right to Bring Claims On Behalf Of A Trust” webinar on September 13. The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE FOR WEBINAR David F. Johnson,… Continue Reading
Join us for a presentation covering the statutory and common-law requirements for a trustee to bring claims on behalf of a trust, the trustee’s right to control those claims, and potential ramifications regarding those rights and duties. Date: Tuesday, September 13, 2016 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson… Continue Reading
Thank you to everyone who joined us for the “Trustees’ Conflicts of Interest In Texas” webinar on June 14. The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE TO PLAY WEBINAR David F. Johnson, lead writer for the Texas… Continue Reading
Join us for a presentation covering the basic issues involved in the duty of loyalty; identifying and addressing conflicts of interest; and the ramifications for not properly handling conflicts of interest. Date: Tuesday, June 14, 2016 Time: 10:00 – 10:30 a.m. Central Time Cost: Complimentary Speaker: David F. Johnson Continuing Education Credit Information: This course has… Continue Reading
Thank you to everyone who joined us for the “Duty to Disclose to Remote Beneficiaries” webinar on February 17. The recorded webinar link is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE TO PLAY WEBINAR David F. Johnson, lead writer for the Texas… Continue Reading
Join us for a webinar focused on issues that impact trust administration in Texas. David Johnson, lead writer for Texas Fiduciary Litigator, will address the duty to disclose to remote beneficiaries, sharing information from the Texas Trust Code, common law, treatises, and recent cases to provide best practices for trust administrators when they are faced with… Continue Reading
Thank you to everyone who joined us for the “Hot Topics in Trust Administration” webinar on December 8, 2015. As mentioned, the recorded webinar is now available. If you are interested in joining our next complimentary webinar, please send your request to dfjohnson@winstead.com. CLICK HERE TO PLAY THE WEBINAR Hot Topics in Trust Administration: … Continue Reading
Join us for a discussion of hot topic issues in Texas that impact trust administration. David Johnson, lead writer for Texas Fiduciary Litigator, will address a trustee’s conflict of interest, the duty to disclose to remote beneficiaries, the duty to bring claims on behalf of a trust, and the duty to limit trust liability arising… Continue Reading
