In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more
5/29/2025
/ Beneficiaries ,
Distribution Rules ,
Due Process ,
Estate Planning ,
Fiduciary Duty ,
In Rem Jurisdiction ,
Jurisdiction ,
Personal Jurisdiction ,
Real Estate Transfers ,
Trust Administration ,
Trustees ,
Trusts ,
Uniform Trust Code
On May 9, 2025, David Johnson gave his presentation “Bad Boys, Bad Boys: Ramification for Intentional Breaches of Fiduciary Duties by Trustees,” to the Corpus Christi Estate Planning Council. This presentation addressed the...more
On May 21, 2025, David Johnson gave his presentation “Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas,” to the North Texas Estate Planning Council. This presentation...more
Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however,...more
In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more
4/7/2025
/ Appellate Courts ,
Beneficiaries ,
Co-Trustees ,
Constitutional Challenges ,
Judicial Authority ,
Jury Trial ,
Modification ,
Reversal ,
State Constitutions ,
Statutory Interpretation ,
Trust Remainder Beneficiaries ,
Trustees ,
Trusts
In In re Est., the court of appeals dealt with whether a contingent beneficiary can file claims against a trustee. No. 02-23-00104-CV, 2024 Tex. App. LEXIS 1878 (Tex. App.—Fort Worth March 14, 2024, no pet.)....more
In In re Mason, a trial court entered a discovery order requiring a defendant, who was an executor and trustee, to produce documents and information to the plaintiffs, his children. No. 12-24-00023-CV, 2024 Tex. App. LEXIS...more
In Covenant Clearinghouse, LLC v. Kush & Krishna LLC, there was a prior judgment that the plaintiff did not owe the defendant a transfer fee. No. 14-23-00092-CV, 2024 Tex. App. LEXIS 2793 (Tex. App.—Houston [14th Dist.] April...more
In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more
10/11/2024
/ Beneficiaries ,
Estate Planning ,
Guardianships ,
Power of Attorney ,
Reversal ,
Settlors ,
Spouses ,
Successors ,
Summary Judgment ,
Trustees ,
Trusts
In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024...more
In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his...more
In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more
8/21/2024
/ Beneficiaries ,
Breach of Duty ,
Conflicts of Interest ,
Covenant of Good Faith and Fair Dealing ,
Estate Planning ,
Executors ,
Fiduciary Duty ,
Jury Trial ,
Mismanagement ,
Removal ,
Removal For-Cause ,
Revocable Trusts ,
Successors ,
Trustees ,
Wills
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history)....more
David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas....more
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more
In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023)....more
In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did not commit a prohibited act. No. 01-20-00578-CV, 2023 Tex. App....more
In In re Estate of Wells, No. 12-23-00066-CV, 2023 Tex. App. LEXIS 8475 (Tex. App.—Tyler November 8, 2023, no pet. history). The testator left a will that created a trust for his wife and descendants, named his wife as the...more
Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in...more
In Parker v. Filip, a trust owned a limited partnership interest and the partnership owned real property in Fayette County, Texas. No. 14-23-00372-CV, 2023 Tex. App. LEXIS 6976 (Tex. App.—Houston [14th Dist.] August 31, 2023,...more
In McCoy v. McCoy, trust beneficiaries sued the trustee for breaching his fiduciary duties by pursing claims against a third party when they instructed him not to do so. No. 08-23-00119-CV, 2023 Tex. App. LEXIS 6604 (Tex....more
This update will 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...more
11/16/2023
/ Attorney's Fees ,
Beneficiaries ,
Continuing Legal Education ,
Estate Claims ,
Estate Planning ,
Fiduciary ,
Fiduciary Duty ,
Financial Services Industry ,
Injunctive Relief ,
Jury Trial ,
Modification ,
Probate ,
Receivership ,
Release Agreements ,
Right to a Jury ,
Trust Administration ,
Trustees ,
Trusts ,
Webinars ,
Wills
In McCoy v. McCoy, trust beneficiaries (daughters) sued the trustee (father) for maintaining a claim against a third party (mother) after they notified him of their opposition under section 113.028 of the Texas Trust Code....more
First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more