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: dfjohnson@winstead.com Phone: (817) 420-8223

How do you protect your wealth—and your family—from unnecessary taxes, infighting, or outright disaster?

In this episode, host Matt Templeton sits down with veteran CPA Nancy K. Phillips, who brings more than 35 years of experience in estate tax, trusts, and inheritance planning. Nancy has helped families untangle multi-generational estates, testified in IRS disputes, and trained other CPA firms in how to handle the most complicated trust and estate issues.

From heartbreaking family feuds to brilliant planning strategies, Nancy shares the real-world stories and critical tax insights that every family and advisor should hear. If you want to avoid costly estate mistakes and learn how to build a smarter transfer plan, this episode is for you.

Guest: Nancy K. Phillips, CPA Host: Matt Templeton Episode Title: $300K Mistakes & Step-Up Secrets: What CPAs Know About Wealth Transfer Bio: Nancy Phillips has spent over 35 years in tax, accounting, and estate services. She started her practice in 1985 and has trained other CPA firms on trust and estate tax work. A recognized expert witness, she advises families, trustees, attorneys, and wealth planners across Texas.

📌 Episode Highlights & Timestamps:

• [00:01:00] Nancy’s background: from Big 8 accounting to leading complex estate tax work

• [00:02:00] Shocking estate mistakes: handwritten wills, no wills, and two wills signed on the same day

• [00:04:30] What is a Family Settlement Agreement—and how it overrides your will

• [00:06:30] When siblings fight over heirlooms and figurines: how emotion ruins estates

• [00:10:00] “I can’t get my sister out of Mom’s house”: eviction battles in inheritance

• [00:11:00] Nancy’s family strategy: drawing addresses from a hat to avoid fractional real estate chaos

• [00:14:00] How to fairly divide household items without family drama

• [00:16:00] The step-up in basis rule explained—why dying with real estate is often smarter than gifting it

• [00:17:00] Real-life horror story: a $200K tax bill from selling property one month too early

• [00:21:00] Using 1031 exchanges, DSTs, and REITs for smart real estate transfer (featuring Nancy’s personal experience)

• [00:26:00] Estate tax thresholds, gift tax exemptions, and advanced gifting through FLPs

• [00:29:00] How to gift minerals, stocks, or real estate smartly—and avoid carryover basis traps

• [00:32:00] Why you shouldn’t dump 10 properties in one year: tax bracket strategies for widows

• [00:34:00] The hidden cost of having 60+ accounts: how to simplify your finances before you die

• [00:37:00] The trap of illiquid partnerships—and what to do if you inherit them

• [00:38:00] Should you tell your kids what you have? When and how to include them in financial conversations

• [00:41:00] Training the next generation: why Nancy took her son to closings starting at age 13

• [00:43:00] Who Nancy helps: estate attorneys, trustees, family offices, and clients with complex assets

💡 Key Takeaways:

• Dying with real estate often beats gifting—it allows heirs to reset the tax basis and avoid depreciation recapture.

• Handwritten or DIY wills cause chaos and court battles; hire a professional to draft it right.

• Family Settlement Agreements can override a will—usually after bitter infighting.

• Gifting early can erode future tax advantages; beware of carryover basis when transferring assets pre-death.

• Consolidate accounts and track assets clearly to avoid confusion, lost wealth, and excessive fees.

• Talk to your heirs before death—especially if they’ll be in charge. Waiting until after you pass often causes tension or lawsuits.

📞 Connect with Nancy Phillips: 📧 Email: www.nkphillipscpa.com

📬 Contact Matt for Estate-Smart Real Estate Planning: 📧 Email: matt@templeton.realestate 📱 DM us for help with wealth transfer, 1031 exchanges, property inheritance, or time-of-death valuations

What really happens when the IRS comes knocking on an estate? In this episode of The Wealth Transfer Podcast, Matt Templeton sits down with one of the country’s most respected tax attorneys, Joel Crouch, to unpack the red flags, missteps, and missing documents that trigger audits—and the proven strategies families and advisors can use to avoid them.

Joel has defended estates against IRS scrutiny for 36 years. He’s a partner at Meadows Collier in Dallas, has tried cases across the U.S., and was recently named “Tax Law Lawyer of the Year” by Best Lawyers in America. Whether you're navigating estate planning, filing gift tax returns, or trying to avoid family conflict and massive tax bills, this conversation delivers invaluable knowledge.

Guest: Joel Crouch, Tax Attorney & Partner at Meadows Collier Host: Matt Templeton, Real Estate Planner | Templeton Real Estate Group Episode Title: Inside the IRS: What Triggers Audits & How to Defend Your Estate Plan

🧭 Episode Highlights & Timestamps:

• [00:01:00] Joel’s 36-year journey representing families in high-stakes IRS disputes

• [00:03:00] The top three tax categories Joel defends: estate & gift, income tax, and employment tax

• [00:05:00] The #1 issue in estate and gift tax audits: valuations—and why cheap appraisals are a red flag

• [00:08:00] Discount strategies (lack of marketability, minority interest) and how the IRS reviews them

• [00:10:00] Why documenting non-tax reasons for your entity setup is critical to defend your plan

• [00:14:00] A real case where poor follow-through on gifts created huge IRS exposure after death

• [00:16:00] How the IRS resolves estate cases (Examiner → Appeals → Counsel) and why most settle

• [00:18:00] Gift tax returns and why you should file—even if you’re under the lifetime exemption

• [00:21:00] What triggers gift tax audits—and how to protect your family 10–20 years in advance

• [00:25:00] Amending returns, filing late gift returns, and dealing with valuations after the fact

• [00:28:00] Estate planning is a living process: the mistake of filing documents but never executing them

• [00:30:00] Joel’s checklist for CPAs, attorneys, and financial advisors to safeguard client estate plans

• [00:34:00] When to bring in a tax attorney: before filing Form 706, during planning, or when an audit begins

💡 Key Takeaways:

• The IRS scrutinizes valuation discounts—don’t skimp on professional appraisals.

• Your estate planning documents aren’t enough: you must follow through with transfers, funding, and documentation.

• Filing gift tax returns (even when under the exemption) helps start the 3-year statute of limitations.

• Bad paperwork and cheap advisors create “low-hanging fruit” for the IRS. Sophistication protects your plan.

• Engage your team of advisors (CPAs, attorneys, planners) annually to revisit documents and trigger events.

• If the IRS finds issues, your best defense is clean, documented intent and structure—prepared before the audit.

📞 Connect with Joel Crouch & Meadows Collier: 🌐 Website: https://www.meadowscollier.com 📞 Phone: (214) 744-3700 📧 Inquiries: Reach out to Joel or his team for estate and tax representation or questions

📬 Connect with Matt or Get Introduced to a Real Estate Planner: 📧 Email: matt@templeton.realestate 📱 DM us anytime for referrals to trusted attorneys, planners, and tax professionals in your market