Texas Fiduciary Litigator: Fiduciary Compensation and Forfeiture in Texas (February 4, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discussed his article, “Fiduciary Compensation and Forfeiture in Texas,” published in the Texas Tech Estate Planning and Community Property Law Journal. The abstract is as follows:

This article addresses many of the interesting issues that arise in trustee compensation disputes. The article addresses a trustee’s authority to compensation under the trust document, statutes, and common law, and the factors involved in determining reasonable compensation. It also addresses issues such as co-trustee compensation, the propriety of other benefits to a trustee, principal and income issues, and the use of attorney’s fees theories. The article also addresses the compensation of estate representatives, guardians, agents, and power of attorney agents. Finally, the article addresses the authority in Texas for fiduciaries forfeiting their compensation due to breaches of duty.

To see the full article, click: “Fiduciary Compensation and Forfeiture in Texas.”

Posted by Bella Hoang, Managing Associate Editor, Wealth Strategies Journal.

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