Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Civil Practice and Remedies Code Chapter 64 and the Texas Property Code Section 114.008. A plaintiff in a trust or estate dispute often needs to seek a remedy before trial to protect it from immediate injury, to protect the assets made the basis … Continue reading Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Winstead Publications, in their Texas Fiduciary Litigator Blog, discusses Texas Department of Highways v. Payne David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history of Texas charge practice regarding the use of broad … Continue reading Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses what is the right way and the wrong way to deed property OUT of your revocable trust. His article begins as follows: Deeding property “into” and “out” of trusts is the kind of bread and butter work trusts and estates lawyers do all the time. But … Continue reading Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: In the Matter of the William J. Raggio Family Trust, 460 P.3d 969 (Nev. April 9, 2020). Nevada Supreme Court found that the settlor’s surviving spouse, as trustee, … Continue reading McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In the Interest of M.G.G In In the Interest of M.G.G., an ex-husband was made a constructive trustee of stocks that he held in his retirement account for his ex-wife. No. 05-19-00777-CV, 2020 Tex. App. LEXIS 6291 (Tex. App.—Dallas August 10, 2020, no pet. history). The divorce order … Continue reading Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In re McCown. In In re McCown, a county court had a contested probate matter, and a party filed a motion to assign a statutory probate judge and another party filed a motion to transfer the case to a district court. No. 10-20-00128-CV, 2020 Tex. App. LEXIS 6276 … Continue reading Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Hampton v. Equity Trust Co. In Hampton v. Equity Trust Co., an individual sold fraudulent investments to the plaintiff. No. 03-19-00401-CV, 2020 Tex. App. LEXIS 5674 (Tex. App.—Austin July 23, 2020, no pet.). The individual ran a Ponzi scheme and had recommended that the plaintiff open a retirement account … Continue reading Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

David Fowler Johnson , in his Texas Fiduciary Litigator Blog, discusses Katz v. Intel Pharma. In Katz v. Intel Pharma, LLC, a minority member of a limited liability company sued a former manager for breach of fiduciary duty in a derivative action. No. H-18-1347, 2020 U.S. Dist. LEXIS 120389 (S.D. Tex. July 9, 2020). The defendant filed a motion … Continue reading Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Ethan J. Leib and Andrew Kent, of Fordham University School of Law, have made available for download their article, Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda, published in William & Mary Law Review, Forthcoming and Fordham Law Legal Studies Research Paper No. 3654506. The abstract is as followed: A … Continue reading Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Ramirez v. Rodriguez. In Ramirez v. Rodriguez, three co-trustees sued a fourth trustee to have him removed due to his hostile actions: he "has engaged in a pattern of creating hostility and friction that impedes and/or affects the operations of the trust.” No. 04-19-00618-CV, 2020 Tex. App. LEXIS 1340 … Continue reading Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)

Adam J. Hirsch, of University of San Diego, has made available for download his article, Waking the Dead: An Empirical Analysis of Revival of Wills, published in the UC Davis Law Review, Vol. 53, No. 5, 2020 and San Diego Legal Studies Paper No. 20-462. The abstract is as followed: The problem of revival arises … Continue reading Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)

Lad Boyle, Howard M. Zaritsky, and Ryan Wallace: The Uniform Basis Rules and Terminating Interests in Trusts Early (Spring 2020)

Lad Boyle, Howard M. Zaritsky, and Ryan Wallace, of University of South Carolina - School of Law and Sojourner, Caughman & Thomas, LLC, have made available for download their article, The Uniform Basis Rules and Terminating Interests in Trusts Early, published in 55 Real Property, Trust, and Estate Law Journal 1. The abstract is as followed: The resolution of income tax issues … Continue reading Lad Boyle, Howard M. Zaritsky, and Ryan Wallace: The Uniform Basis Rules and Terminating Interests in Trusts Early (Spring 2020)

Texas Fiduciary Litigator: Old College Friends Do Not Generally Owe Fiduciary Duties To Each Other (July 25, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Gill v. Grewal. In Gill v. Grewal, the suit arose out of a failed business venture between old college friends. No. 4:14-CV-2502, 2020 U.S. Dist. LEXIS 104461 (S. D. Tex. June 15, 2020). Gill and Grewal attended college together in the late 1960s. After falling … Continue reading Texas Fiduciary Litigator: Old College Friends Do Not Generally Owe Fiduciary Duties To Each Other (July 25, 2020)

Peter B. Allport & Nicole K. Mann (McDermott Will): Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts (August 4, 2020)

Peter B. Allport and Nicole K. Mann, of McDermott Will & Emery, have made available for download their article, Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts, published in McDermott Will & Emery blog page. The abstract is as follows: Recent decisions in California and Mississippi illustrate the divergence among … Continue reading Peter B. Allport & Nicole K. Mann (McDermott Will): Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts (August 4, 2020)

Mark J. Bennett, The Illusory Trust Doctrine: Formal or Substantive? (June 9, 2020)

Mark J. Bennet of Victoria University of Wellington, has made available for download his article, The Illusory Trust Doctrine: Formal or Substantive?, published  in Victoria University of Wellington Law Review. The Abstract is as followed:  This paper argues that the illusory trust doctrine is an exercise in formal reasoning according to principles of trusts law, rather … Continue reading Mark J. Bennett, The Illusory Trust Doctrine: Formal or Substantive? (June 9, 2020)

Juan C. Antunez: Getting to a Jury Trial in a Florida Will Contest (July 20, 2020)

Juan Antunez, on his Florida Probate & Trust Litigation Blog, discusses how to get to a jury trial in a Florida will contest and what difference that makes. His article begins as follows: In Florida we don’t have jury trials in will contests. But if you’re creative and the facts line up just right, your … Continue reading Juan C. Antunez: Getting to a Jury Trial in a Florida Will Contest (July 20, 2020)

Charles Rubin, Rubin on Tax: Court Retains Ability to Remove Trustee Regardless of the Terms of the Trust [Florida]

Chuck Rubin, on his blog, Rubin on Tax, reports on Wallace v. Comprehensive Personal Care Services, Inc., 45 Fla.L.Weekly D1318a, 3rd DCA (June 3, 2020), which addresses whether a court retains the ability to remove a trustee regardless of the trust terms. His post begins as follows: An irrevocable trust included provisions for the removal … Continue reading Charles Rubin, Rubin on Tax: Court Retains Ability to Remove Trustee Regardless of the Terms of the Trust [Florida]

Demircan v. Mikhaylov: Florida Court Applies Common Law To Modify Irrevocable Trust

The Probate Stars blog reports on  Demircan v. Mikhaylov,, where a Florida court applied common law to modify an irrevocable trust. Their article begins as follows: There are certain situations where an irrevocable trust can be modified under Florida law.  In the May 2020 case of Demircan v. Mikhaylov, Florida’s Third District Court of Appeal … Continue reading Demircan v. Mikhaylov: Florida Court Applies Common Law To Modify Irrevocable Trust

Lloyd Bonfield & Bridget J. Crawford, Commentary on In Re Strittmater’s Estate, Feminist Judgments: Rewritten Trusts and Estates Opinions (Deborah S. Gordon, Browne C. Lewis & Carla Spivack eds. Cambridge U. Press, 2020)

Professors Lloyd Bonfield & Bridget Crawford have made available for download their article, Commentary on In Re Strittmater's Estate, Feminist Judgments: Rewritten Trusts and Estates Opinions (Deborah S. Gordon, Browne C. Lewis & Carla Spivack eds. Cambridge U. Press, 2020). The Abstract is as follows: This commentary on Strittmater’s Estate, 53 A.2d 205 (N.J. 1947), … Continue reading Lloyd Bonfield & Bridget J. Crawford, Commentary on In Re Strittmater’s Estate, Feminist Judgments: Rewritten Trusts and Estates Opinions (Deborah S. Gordon, Browne C. Lewis & Carla Spivack eds. Cambridge U. Press, 2020)