Fiduciary Advice & Counsel
Fiduciaries have unique responsibilities beyond administering and managing the funds in a trust or estate. This privileged role requires that the fiduciary remain impartial and follow meticulous standards while also maintaining a positive relationship and effective communication with beneficiaries. Despite a fiduciary’s best efforts to meet these standards and discharge their duties well, the fact is that where there is significant wealth, conflict is more likely to take root.
Jackson Walker Trusts & Estates attorneys counsel personal representatives, trustees, agents under powers of attorney, and guardians on the specifics of administration, including minimizing taxes, what qualifies as a prudent investment, and distributing assets as appropriate. We also advise fiduciaries generally on how to optimally carry out their duties, avoid litigation, and resolve disputes. Jackson Walker attorneys regularly guide individual and corporate fiduciaries about the best practices to avoid allegations of self-dealing or other breaches of fiduciary duty.
Our experienced Litigation, Tax, and Trusts & Estates attorneys work together to represent fiduciary clients in disputes about control of family businesses, will contests, guardianship matters, breach of fiduciary duty cases, and other litigation associated with the administration of estates, trusts, powers of attorney and guardianships. We also represent individual and corporate fiduciaries embroiled in IRS disputes.
July 2, 2025
Insights
Texas Business Courts Poised for Growth: New Texas Legislation Means More Corporate Cases Will Be Resolved in Specialized Texas Business Courts
By Chris Bankler
The Texas Legislature has refined the structure and jurisdiction of the Texas Business Court through amendments signed by Governor Abbott on June 21, 2025. The changes aim to broaden the court’s authority, streamline complex proceedings, and ensure judges have ample tools to handle high-stakes commercial disputes.
July 1, 2025
Insights
Texas Business Court Asserts Jurisdiction in $95 Million Texas Lottery Dispute
By Chris Bankler
A recent decision from the Texas Business Court, Reed v. Rook TX, LP, centers on a dramatic claim: Jerry Reed, who “won a $7.5 million Lotto Texas jackpot in May 2023,” alleges that “his winnings would have been $95 million greater if Rook and other defendants had not illegally manipulated the system to enable Rook to claim the $95 million jackpot in April 2023.”
June 9, 2025
Insights
Texas Business Court Upholds Exculpation Clause—Limits Fiduciary Duty Exposure
By Chris Bankler
In its May 22, 2025, memorandum opinion, the Business Court of Texas dismissed all claims against Christopher Doyle (PEC’s CEO) and certain Blackstone-affiliated entities. The Court held that § 13.9 of the Third Amended Partnership Agreement (“TAPA”) unambiguously barred liability claims for these parties.
May 21, 2025
Insights
Business Court of Texas Rebuffs Member’s Duty Claim, Reaffirms Freedom of Contract in LLC Agreement
By Chris Bankler
A recent decision from the Business Court of Texas, Eighth Division (Fort Worth), underscores that an LLC’s company agreement can effectively eliminate fiduciary duties between its members and managers.
July 18, 2024
Spotlight
Family Office Practice Recognized in Chambers High Net Worth Guide; Sarah Patel Pacheco Ranked for High Net Worth Disputes
Chambers and Partners, the world’s leading independent professional legal research company, has recognized Sarah Patel Pacheco and our Family Office practice in its High Net Worth Guide for 2024.
January 10, 2022
Attorney News
Jackson Walker Welcomes Wealth Planning and Fiduciary Litigation Group to Houston
Jackson Walker is pleased to announce the arrival of five Houston litigators focused on probate, trust, and fiduciary litigation. The team is led by Sarah Patel Pacheco and includes Kathleen Tanner Beduze, Joshua R. Flores, Joe R. Savoie, and Jocelyn Thibodaux Slater.
April 17, 2020
Podcasts
Estate Planning Opportunities During an Economic Downturn
Jackson Walker partner Scott Schepps walks through some of the tools available to help mitigate the damages and help reduce the tax burden on the estate.
