In Bernsen v. Allison, the settlor signed a new will in December of 2012 that left everything to his daughter and omitted the children from his deceased son. No. 14-22-00902-CV, 2025 Tex. App. LEXIS 5171 (Tex. App.—Houston [14th] July 22, 2025, no pet.). The grandchildren contested this will on the basis of mental incapacity. After
The Fiduciary Litigator
The Intersection of Texas Courts and the Fiduciary Field
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Court Affirms A Finding Of Forgery But Reverses Awards Of Remedies Because There Was No Informal Fiduciary Duty Owed By The Defendant
In Henry v. Henry, the testator, who owned a ranch, died and left a will that devised all her property to her four children in equal shares. No. 02-24-00507-CV, 2025 Tex. App. LEXIS 5917 (Tex. App.—Fort Worth August 7, 2025, no pet.). Darrell, one of the settlor’s sons, recorded a deed after his mother’s death…
Court Held That A Trial Court Erred In Omitting Post-Judgment Interest From A Breach Of Fiduciary Duty Judgment But Affirmed The Omission Of Pre-Judgment Interest
In Kuers v. Shore, defendant was the trustee of a trust from 2016 to 2017, and he was then removed. No. 01-24-00098-CV, 2025 Tex. App. LEXIS 6124 (Tex. App.—Houston [1st Dist.] August 14, 2025, no pet.). The successor trustee sued for breach of fiduciary duty, conversion, and declaratory and injunctive relief. The successor trustee requested…
Court Reversed Judgment Where A Stareholder And Controller Did Not Owe An Informal Fiduciary Duty
In Herman v. Metz, in 1989, Robert P. Metz and Dwayne Herman formed GBH Enterprises, Inc., and Metz owned 20% and Herman owned 80%. No. 14-24-00277-CV, 2025 Tex. App. LEXIS 6408 (Tex. App.—Houston [14th Dist.] August 21, 2025, no pet.). In 2003, Herman sold real property owned by GBH to himself without Metz’s knowledge. When…
Becoming a Fiduciary Litigator — State Bar of Texas Course
By Winstead
Lead writer for the Fiduciary Litigator blog, David F. Johnson, participated in a panel on trying a fiduciary case with Hon. Brian Stagner and Sarah Pacheco at the State Bar of Texas’s first “Becoming a Fiduciary Litigator” course in Fort Worth, Texas. David served as the moderator and a panel participant, discussing pre-trial considerations,…
Court Granted Mandamus Relief To Require A Plaintiff To Answer Discovery In A Trustee Removal Dispute
In In re Gruss, Shawn Gruss was appointed trustee of the Gallagher Family Trust in 2016. No. 14-25-00098-CV, 2025 Tex. App. LEXIS 6596 (Tex. App.—Houston [14th Dist.] August 25, 2025, original proceeding). In 2020, the settlor’s son sued for a declaratory judgment regarding distributions. In October of 2024, the son filed a motion to remove…
Texas Supreme Court Holds That A Settlor And Third Party Did Not Have To Fund Stock Into A Trust Where It Was Contingent On The Third Party’s Consent
Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases
Courts Grant Mandamus To Compel Arbitration In A Will Dispute
In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025, original proceeding). After R.C.’s death in 2021, his will was admitted to probate. R.C.’s children (the Trustees) filed a suit…
Recorded Webinar – Ethics in Estate Planning, Probate, and Trust Administration
By Winstead
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses estate planning, probate, and trust administration is a complex field of law that involves high-stakes decisions affecting individuals and families. Factors such as unforeseen life changes, multiple jurisdictions, and vulnerable clients pose unique ethical challenges for trusts and estates…