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Texas Estate Planning Pointers: A Litigator’s Perspective (Audio Only)
Produced on August 23, 2018
Course Information
Course Description
As estate litigators, the evidence we seek to prove lack of testamentary capacity, lack of mental capacity, or undue influence usually starts with the estate planner’s file, including time and billing records. They are a portal into the process utilized in creating the estate planning documents. Other sources of information are: an accountant’s file, a financial planner’s file, a trust’s records, the trust officer’s file, medical records, and e-mails or correspondence among the key parties. Diligence is key to avoiding such claims and upholding work product. This presentation will give estate planners insight into preventing or defending such contests, if they happen.
Join Kevin Spencer as he discusses the importance of establishing a solid estate planning process in Texas and the development of good habits. Topics to be covered include how to document your file, and the ethical problems with failing to do so.
Learning Objectives:
- Gain insight into preparing for estate litigation in Texas
- Develop best practices for documenting the estate planner’s file
- Examine the ethical problems associated with failing to properly document the file
Credit Information
Faculty
Kevin Spencer
Spencer & Johnson, PLLC
Kevin began his law practice in August 1992 and received his license to practice law in Texas on May 7, 1993. On September 1, 2007, Kevin started his own law firm, after practicing with and becoming partner at an estate and trust litigation firm for more than 15 years. He has more than twenty-five (25) years experience in the areas of estate, trust, guardianship and fiduciary litigation.
Kevin has a thriving litigation and appeals practice primarily focusing in all aspects of probate law. Kevin is experienced with estate administration, trust, heirship, guardianship and fiduciary litigation and much more. Kevin has experience in all aspects of litigation and has, himself, tried cases before judges, before a jury to verdict and has argued to appellate courts. Kevin appears in court almost every week from proving up wills or guardianships to arguing more complex and contested matters in advancement of his clients’ cases. Kevin enjoys the trial process and has tried numerous jury trials to verdict with success.
He has represented his clients in the mediation process and attempting to reach a settlement before resorting to trial to resolve disputes. Kevin is also certified as a mediator in Texas.
Kevin is a member of the Dallas Bar Association, the State Bar of Texas and a Lifetime Fellow of the Dallas Association of Young Lawyers Foundation. He is also a former President of the Cistercian Preparatory School Alumni Association.
Kevin has volunteered to speak and has participated in legal clinics for Legal Services of North Texas and has handled numerous cases for the Dallas Volunteer Attorney Program. Kevin was a member of the Dallas Association of Young Lawyers’ Leadership Class of 2002, which was instrumental in organizing, in conjunction with the 7-11 Corporation, the Education is Freedom Luncheon with Bob Dole held on October 9, 2003; a charitable event. He has written papers and given speeches in the area of probate for several state bar sections and has assisted in writing brochures for indigent or pro se parties.
Kevin enjoys football and spending time with his family, particularly in tropical locales.
Reviews
Great course
Great perspective.
Thank you
Good program and good instructor.
Very clear presentation. Instructor was easy to listen to.
Liked having the examples from his actual cases
Well done. Most insightful.
The program gave most practical pointers for defending and setting aside a will dependent on whether you are the proponent or contestant. Thank you Mr. Spencer for putting together your experience and expertise in a 62-minute format.
Very informative on a topic that I don't have much experience in.
I continue to learn that words matter. The way we communicate with the client has consequences.
This was GREAT! Perhaps the best, most practical seminar of all.
Enjoyed
Good, practical info.
very informative
Informative
Very helpful to me.
Helpful tips/information.
Excellent presentation.
Very helpful information and perspective.
REally good.
Great program