News & Analysis as of

Fiduciary Duty Elder Abuse

Lasher Holzapfel Sperry & Ebberson PLLC

Washington has an Expansive “Slayer Statute”

Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was...more

Holland & Knight LLP

SEC Scorches New Mexico Investment Advisers for Allegedly Defrauding Elderly Clients

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The SEC on June 2, 2025, filed a complaint against David A. Nagler and New Line Capital LLC (Defendants) in the U.S. District Court for the District of New Mexico for allegedly breaching their fiduciary duties and defrauding...more

Robins Kaplan LLP

Lifestyles of the Rich and Famous: Fiduciary Responsibility in the Spotlight

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Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Downey Brand LLP

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the Work

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Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work?  Law &...more

Winstead PC

Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation

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Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more

Winstead PC

Texas Passes A New Law To Punish Elder Financial Abuse

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The Texas Legislature recently enacted a new law that criminalizes the financial abuse of the elderly. This is in response to the increasing financial attacks on the elderly....more

Downey Brand LLP

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

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When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional...more

Winstead PC

Presentation: Detecting Elder Abuse and The Duty to Report Financial Exploitation

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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,...more

Carlton Fields

Expect Focus - Volume III - September 2017

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EXPECTFOCUS® is a quarterly review of developments in the insurance and financial services industry, provided on a complimentary basis to clients and friends of Carlton Fields Jorden Burt, P.A. ...more

Winstead PC

Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes

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There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some...more

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