Texas Fiduciary Litigator: Courts Rule On Jurisdictional Issues Involving Probate Orders (March 29, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, has made available for download his article, titled “Courts Rule On Jurisdictional Issues Involving Probate Orders” which discusses In re Estate of Mims. The abstract of the article is as follows: One of the most difficult areas for probate litigation is determining when a party has an … Continue reading Texas Fiduciary Litigator: Courts Rule On Jurisdictional Issues Involving Probate Orders (March 29, 2021)

Jeffrey Galvin (Downey Brand LLP): When Can California Trustees Use Trust Funds to Hire Lawyers? (March 23, 2021)

Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, When Can California Trustees Use Trust Funds to Hire Lawyers?, published in JDSUPRA. The abstract is as follows: Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation.  For example, when … Continue reading Jeffrey Galvin (Downey Brand LLP): When Can California Trustees Use Trust Funds to Hire Lawyers? (March 23, 2021)

Steven Saraisky (Cole Schotz PC): Contested Estates – When Is The Right Time To Go To Court? (March 24, 2021)

Steven Saraisky, of Cole Schotz PC, has made available for download his article, "Contested Estates – When Is The Right Time To Go To Court?" published in JDSUPRA. The abstract is as follows: There are some instances where going to court is required or necessary.  For example, there is a specific time period to contest … Continue reading Steven Saraisky (Cole Schotz PC): Contested Estates – When Is The Right Time To Go To Court? (March 24, 2021)

Texas Fiduciary Litigator: Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause (March 13, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Odom v. Coleman. In Odom v. Coleman, a brother and a sister sued each other regarding their father’s estate. No. 01-19-00669-CV, 2020 Tex. App. LEXIS 9551 (Tex. App.—Houston [1st Dist.] December 8, 2020, no pet.). The dispute centered on whether the father’s will should be reformed … Continue reading Texas Fiduciary Litigator: Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause (March 13, 2021)

David Fowler Johnson (Winstead PC): Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause (March 15, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, "Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause," published in JDSUPRA. The article begins as follows: In Odom v. Coleman, a brother and a sister sued each other regarding their … Continue reading David Fowler Johnson (Winstead PC): Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause (March 15, 2021)

Texas Fiduciary Litigator: New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary (March 15, 2021 )

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the details and outcomes of a recently submitted Texas Bill. The abstract of the article, New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary, is as follows: A recent bill has been submitted that … Continue reading Texas Fiduciary Litigator: New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary (March 15, 2021 )

Probate Stars: In re Trust Created by McGregor: Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision (Feb. 25, 2021)

Probate Stars summarizes n In Re Trust Created By McGregor, in which the Nebraska Supreme Court held that spendthrift provisions of a trust established a material purpose of the trust, and held a nonjudicial settlement agreement invalid for violating the trust’s purpose. See Probate Sources Summary by clicking Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated … Continue reading Probate Stars: In re Trust Created by McGregor: Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision (Feb. 25, 2021)

Texas Fiduciary Litigator: Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not? (February 25, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, has made available for download his webinar, titled "Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not?" The abstract of the webinar is as follows: This presentation will discuss the different types of exculpatory clauses in trust … Continue reading Texas Fiduciary Litigator: Webinar Series: Financial Services Trustees’ Use of Exculpatory Clauses In Texas: Get Out Of Jail Free Card or Not? (February 25, 2021)

Texas Fiduciary Litigator: Business Divorce: Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company’s Assets (March 8, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Rex Performance Prods., LLC v. Tate. A business divorce may mean that the owners need to sell the business or the business’s assets. In the following case, some of the owners/officers took advantage of a sale transaction to benefit from that transaction at the expense … Continue reading Texas Fiduciary Litigator: Business Divorce: Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company’s Assets (March 8, 2021)

Texas Fiduciary Litigator: Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate’s Licensee Because Its In-House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship (February 27, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Belliveau v. Barco, Inc. In Belliveau v. Barco, Inc., a licensor of intellectual property sued the owner of the licensee for breach of fiduciary duty related to the sublicensing to a third party. No. 19-50717, 2021 U.S. App. LEXIS 2489 (5th Cir. January 28, 2021). The … Continue reading Texas Fiduciary Litigator: Court Holds That A Defendant Did Not Owe A Fiduciary Duty To An Affiliate’s Licensee Because Its In-House Attorneys Did Not Have An Attorney/Client Relationship To The Plaintiff And There Was No Informal Confidential Relationship (February 27, 2021)

Albert Carroll, Matthew Lintner, and Kathleen Murphy (Morris James LLP): Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust (March 2, 2021 )

Albert Carroll, Matthew Lintner, and Kathleen Murphy, of Morris James LLP, have made available for download their article, Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust, published in JDSUPRA. The abstract is as follows: Delaware’s decanting statute allows a trustee to “decant” a trust by “pouring” the … Continue reading Albert Carroll, Matthew Lintner, and Kathleen Murphy (Morris James LLP): Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust (March 2, 2021 )

Rafael I. Pardo: On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State (January 16, 2021)

Rafael I. Pardo, of Emory University School of Law, has made available for download his article, "On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State," published in Fordham Urban Law Journal, Vol. 48, 2021 Forthcoming. The abstract is as followed: As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is … Continue reading Rafael I. Pardo: On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State (January 16, 2021)

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

Texas Fiduciary Litigator: Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous (February 13, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Maxey v. Maxey. In Maxey v. Maxey, in a dispute that arose from the probate of an estate, two sisters mediated and reached a settlement agreement concerning the division of certain real property. No. 01-19-00078-CV, 2020 Tex. App. LEXIS 10281 (Tex. App.—Houston [1st Dist.] December 29, … Continue reading Texas Fiduciary Litigator: Court Reversed Jury Trial And Determined That Settlement Agreement Dividing Real Property Owned By Trusts Was Not Ambiguous (February 13, 2021)

Kansas Supreme Court: “Any Person” Means What It Says In Double Penalty Probate Statute For Conversion Of Decedent’s Property (February 4, 2021)

Probate Stars has published an article,"'Any Person' Means What It Says In Double Penalty Probate Statute For Conversion Of Decedent’s Property," which discusses "In re Estate of Taylor." The article begins as follows: In the January 22, 2021 opinion of "In re Estate of Taylor," the Kansas Supreme Court interpreted the plain language of the Kansas … Continue reading Kansas Supreme Court: “Any Person” Means What It Says In Double Penalty Probate Statute For Conversion Of Decedent’s Property (February 4, 2021)

Texas Fiduciary Litigator: Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 5, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses "In the Estate of Maberry." In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person” following her voluntary release of all … Continue reading Texas Fiduciary Litigator: Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 5, 2021)

David Fowler Johnson (Winstead PC): Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 8, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, "Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit," published in JDSUPRA. The article begins as follows: In In the Estate of Maberry, the alleged common-law … Continue reading David Fowler Johnson (Winstead PC): Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 8, 2021)

Texas Fiduciary Litigator: Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies (February 5, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Ackers v. Comerica Bank & Trust In Ackers v. Comerica Bank & Trust, N.A., an income beneficiary sued a trustee for a declaration regarding the construction of a testamentary trust. No. 11-18-00352-CV, 2020 Tex. App. LEXIS 10442 (Tex. App.—Eastland December 31, 2020, no pet. history). The … Continue reading Texas Fiduciary Litigator: Court Held That The Issue Of Who Was Included In The Class Of Descendants Was Not Ripe Until The Current Beneficiary Dies (February 5, 2021)

Texas Fiduciary Litigator: Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company Assets, And Dereliction Of Duties (November 9, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Roels v. Valkenaar. In Roels v. Valkenaar, a shareholder filed a shareholder derivative suit against former and current officers and directors of the company based on multiple claims of breach of fiduciary duty. No. 03-19-00502-CV, 2020 Tex. App. LEXIS 6684 (Tex. App.—Austin August 20, 2020, no … Continue reading Texas Fiduciary Litigator: Court Addressed A Shareholder Derivative Suit Against Officers And Directors For Self-Interested Transactions, Misuse Of Company Assets, And Dereliction Of Duties (November 9, 2020)

Alex C.H. Yeung and Jason Fee: Limiting the Fiduciary’s Account of Profits: But-for Causation? (October 14, 2020)

Alex C.H. Yeung and Jason Fee, of University of Oxford - Harris Manchester College and University of Oxford - Merton College, respectively, will make available for download their article, Limiting the Fiduciary's Account of Profits: But-for Causation?, in 26 Trusts & Trustees (Forthcoming). The abstract is as followed: In an account of profits for breach of fiduciary duty, courts have understandably … Continue reading Alex C.H. Yeung and Jason Fee: Limiting the Fiduciary’s Account of Profits: But-for Causation? (October 14, 2020)