What happens when siblings feud over millions… or 120,000 acres of ranch land… or who controls the family business?

In this episode, host Matt Templeton sits down with David Johnson, fiduciary litigator and author of FiduciaryLitigator.com. As a partner at Winstead PC, David handles some of Texas’ most complex disputes over trusts, estates, family businesses, and elder exploitation.

From heartbreaking elder abuse cases to strategies that can prevent families from blowing up in court, David reveals the real-world legal battles—and how to avoid them. Whether you’re a trustee, estate planner, or part of a family with significant assets, this episode is your front-row seat to the high stakes of wealth transfer litigation.

Guest: David Johnson | Board Certified, Civil Appellate Law,
Civil Trial Law, and Personal Injury Trial Law
Texas Board of Legal Specialization // Managing Shareholder, Fort Worth Office Winstead PC

Host: Matt Templeton | Real Estate Planner // Templeton Real Estate Group

Episode Highlights & Timestamps:

• [00:01:00] David’s legal roots: from a family of judges and lawyers to finding his path in fiduciary litigation

• [00:02:00] “Family law with a dead body”: why estate litigation is so often a battleground

• [00:04:00] The case of the 120,000-acre West Texas ranch—and a 76-year-old daughter who’d never received a penny

• [00:06:00] The silent danger: eldest children given absolute control—and why secrecy breeds lawsuits

• [00:07:00] The $84 trillion wealth transfer and how to prevent it from igniting family wars

• [00:08:00] David’s top advice for avoiding disputes: communicate, communicate, communicate

• [00:10:00] Why video recordings and medical capacity evaluations can be game-changers in preventing will contests

• [00:11:30] “Bad boy clauses” in trusts—and why trustees hate being the family police

• [00:13:00] No-contest clauses and arbitration: legal tools that keep family disputes private

• [00:16:00] Corporate trustees vs. family members: the critical choice that can decide peace or war

• [00:19:00] Elder abuse realities: how caretakers, neighbors, and even professionals steal from the vulnerable

• [00:22:00] The problem with enforcement—and why reporting elder abuse often leads nowhere

• [00:25:00] Texas law developments on elder financial abuse and fiduciary reporting requirements

• [00:26:00] How long can a trust last? The Rule Against Perpetuities and the shift to dynasty trusts

• [00:30:00] Should every beneficiary have their own trust? The pros and cons of splitting up assets

• [00:33:00] When to use trusts—and what tax advantages they really provide

• [00:36:00] How to choose the right estate planning attorney—and the warning signs to watch for

• [00:41:00] David’s final advice: Find lawyers who think first, act second, and don’t create conflicts for profit

Key Takeaways:

• Communication prevents lawsuits. Families should discuss estate plans openly to reduce suspicion and resentment.

• Elder abuse is rampant. Family members, caregivers, and even professionals can exploit vulnerable individuals.

• Video recordings and medical exams can help defend wills and trusts from future challenges.

• Corporate fiduciaries can be a wise choice to avoid family fights—but they’re not for everyone.

• Trusts can last 300 years in Texas now, but careful planning is needed to avoid unintended consequences.

• No-contest and arbitration clauses help keep private family matters out of the public courtroom.

Connect with David Johnson:

Blog: www.fiduciarylitigator.com
Law Firm: www.winstead.com
Email: [email protected]
Phone: (817) 420-8223