Congratulations to Winstead Shareholder David F. Johnson for being named a recipient of the 2026 JD Supra Readers’ Choice Awards. This achievement marks David’s eighth year of recognition in the Wealth Management category, further highlighting his reputation as a leading author among C-suite executives and in-house counsel.
As a fiduciary litigator in Texas, David is…
In In re Est. Living Trust U/A Dated December 2023, the court addressed whether a trustee may appear pro se in litigation on behalf of a trust. No. 14-25-00521-CV, 2025 Tex. App. LEXIS 4958 (Tex. App.—Houston [14th Dist.] July 15, 2025, orig. proceeding). The court of appeals held that only a licensed attorney may represent…
David F. Johnson, lead writer for the Fiduciary Litigator blog, will address 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 counsel. Counsel must…
In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No. 24-0778, 2026 Tex. LEXIS 121 (Tex. February 13, 2026). On September 5, 2019, Isaiah filed a will contest…
In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.). In December 2023, Kenneth’s daughters filed for temporary guardianship of Kenneth, which was granted. In July 2024, Kenneth purportedly created the…
In this recorded webinar, David F. Johnson, lead writer for the Fiduciary Litigator blog, addresses fiduciary issues that Texas courts resolved during the review period of summer of 2024 to summer of 2025. The presentation reviews the following issues: whether a party has a right to jury trial in trust proceedings, what standards apply…
In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025). The Trust’s declaration of trust governed shareholder rights and designated Maryland as the exclusive forum for derivative actions. The Trust’s board of…
When fraud occurs, do you need a lawyer? Winstead Shareholder David Fowler Johnson, a leading Texas fiduciary litigator, shares guidance in an article published by AARP. He advises victims to report fraud to local police first. Deciding to hire a lawyer depends on the amount lost, as legal help can be costly. For…
