Navigating Breach of Trust Claims Under the Uniform Trust Code
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide attorneys guidance on handling breach of trust claims under the Uniform Trust Code (UTC). The panel will discuss litigation risks and strategies to consider, alternatives to litigation, filing considerations, navigating pretrial and trial issues, and other key considerations.
Outline
- Breach of trust and breach of fiduciary duty
- Duties of a trustee under the UTC
- Pre-litigation
- Alternatives to litigation
- Filing considerations
- Jurisdiction
- Venue
- Principal place of administration
- Governing law
- Statute of limitations
- Pre-trial issues and trial considerations
- Remedies
Benefits
The panel will discuss these and other key issues:
- Breach of trust and breach of fiduciary duty under the UTC
- Pre-litigation considerations and litigation alternatives
- Examining jurisdiction, venue, statute of limitations, and other filing considerations
- Pre-trial issues and trial challenges
- Available remedies and pitfalls to avoid
Faculty
Matthew A. Bourque
Managing Attorney
RMO
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on... | Read More
Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. Mr. Bourque primarily handles probate litigation matters including will contests, fiduciary litigation to recover misfunded, misapplied or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.
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Kenneth J. Fair
Partner
Wright Close & Barger
Mr. Fair's practice focuses on in the area of general commercial litigation, with an emphasis on complex probate,... | Read More
Mr. Fair's practice focuses on in the area of general commercial litigation, with an emphasis on complex probate, trust, and fiduciary litigation. He represents executors, trustees, and beneficiaries in will contests, disputes over will and trust interpretation, removal actions, and fiduciary-liability actions. He has written and presented on trust, probate and guardianship issues.
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David Fowler Johnson
Managing Shareholder/Fort Worth Office
Winstead
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust,... | Read More
Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust, estate, and closely-held business disputes. A frequent writer and speaker, David is known around the state as a thought leader in the fiduciary area. Mr. Johnson’s experience in trust and estate disputes includes will contests, elder abuse, mental competency, undue influence, trust modification/reformation/clarification, breach of fiduciary duty and related claims. Additionally, he has a transactional practice for trust departments in providing legal opinions on the construction of trust documents, documenting release and consent agreements, resignations, successor appointments, modification of trusts, trust mergers, trust severances, etc.
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