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ProbateBlogEstate DisputesRoutine Administrations

What To Know About Our Probate and Planning Files: Preparing to Defend the Estate Plan

By J. Brian Thomas October 5, 2018

Probate litigation almost always subjects estate planners and their work to intense criticism. Just as sound estate planning contemplates myriad contingencies for the client (e.g. incapacity, divorce, death, etc.), so should estate planners plan for their own futures and consider that the emergence of conflict is rarely negotiable. Conflict will invariably arise, and even good estate plans will be challenged. Planners should plan with defense of their work in mind. In doing so, estate planners will better understand their role in potential litigation, build and maintain better files, and prepare themselves to be a critical target of discovery


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Brian has committed himself to a single area of practice since he received his law license. Even while excelling in one of the most rigorous trial advocacy programs in the country, Brian worked one-on-one with some of the state’s foremost authorities on trusts, estates and fiduciary law. Brian cut his legal teeth in both Houston and Dallas, representing individuals in probate and guardianship cases where the stakes are at their highest. He understands that many people experience probate, estate or guardianship matters only once or twice in their lives, making his role as counselor all the more important. Experience, confidence, and dogged determination are critical when a client wants their story presented to the Court. Brian believes that every case has the chance for resolution, but that clients should be ready and professionally equipped to fight for their own success.