Sharon Brand Gardner

Shareholder
713-752-8626
sgardner@craincaton.com

vCard

Admitted to the State Bar of Texas May 1984

Admitted to practice before the Southern District of Texas, August 1984

Admitted to practice before the U. S.  Fifth Circuit, Court of Appeals, March 1987

Admitted to practice before the U. S. Supreme Court, Febuary 1990

Admitted to practice before the U.S. Tax Court, April 1991

Qualified Mediator in Probate, Trust, Guardianship                               and Estate Disputes

Employment

1/1/99 - Present        Crain, Caton & James, Shareholder and Past President, practice limited to probate, trust, guardianship, elder law and end of life issues and related litigation, including trial preparation and appeals of contested probate matters; handle and assist with recoveries on behalf of minors and other incapacitated adults in all phases and types of guardianship proceedings, representation of creditors of decedents’ estates, creditor and elder law issues.

9/1/85 - 12/31/98      Cenatiempo & Gardner, Shareholder, supervising and han­dling complex probate and trust litigation, including trial prepa­ration and appellate briefs; handle contested guardianship proceed­ings as well as representation of creditors of decedents' estates.

Teaching

Adjunct Professor at South Texas College of Law, Houston, Texas: Teaching Estate Administration & Guardianship in 2001-2008.

Honors

H Texas Magazine – Houston’s Top Lawyers 2007 and 2008

H Texas Magazine – Houston’s Top Lawyers in Elder Law 2007

Named one of Best Lawyers in America 2006, 2007, and 2008

Texas Monthly Top 50 Female Attorneys in the State of Texas 2006 and 2007

Texas Monthly Top 100 Attorneys in Houston 2006 and 2007

Texas Monthly Super Lawyer 2003 — 2008

Houston Modern Luxury Magazines 2006

H Texas Magazine voted as one of Houston’s Top Lawyers for the People 2006

H Lawyer Magazine, Top Lawyers in Houston—Wills, Probate and Trust for 2005 and 2006

Named a Top Adviser: J.K. Lasser’s “New Rules for Estate and Tax Planning”, written by Harold Apolinsky, Esq., EPLS, and Stewart H. Welch, III, AEP, CFP, Copywrite © 2005 by Harold Apolinsky

Professional Activities

American College of Trust and Probate Counsel, Fellow; Subcommittee member of Fiduciary Litigation, Chairperson of Choice of Law Subcommittee and Elder Law Committee, and member of the Arbitration Task Force

Texas Bar Association:

    • Past Presiding Member District 4-B Panel 12           Grievance Committee 1993 - 1994

•     • Past Guardianship Subcommittee                          Chair, Committee Member Real Estate,                      Probate and Trust Law Section

National College of Probate Judges, Member

Past President and Officer, Women Attorneys in Tax and Probate.

Past Treasurer, Association of Women Attorneys Scholarship Foundation. 

Past President, Disabilities & Elder Law Attorneys, Houston, Texas 1993

Member, National Academy of Elder Law Attorneys, Guardianship/Capacity Special Interest Group Steering Committee

Member, Houston Business & Estate Planning Counsel

American Bar Association

    • Member Real Property, Probate and Trust Law        Committee

•     •  New Developments in Probate and Trust                 Law Committee

Publications

Author:      Project Runaway Designing a Defense to Malpractice Claims Asserted Against Probate and Trust Lawyers by Clients and Third Parties, published in Community Property Journal, Texas Tech Law School, Volume 1, February 2009

Author:      Expert Testimony in Capacity and Commitment Proceedings published in the Texas Bar Journal, September 2006

Author: Contingency Planning:  The Texas Practitioner’s Guide to Powers of Attorney and Other Alternatives to Guardianship published by the State Bar of Texas , Austin, 2004

Co-Author: The Texas Probate Practice Guide for West Publishing Company, 2000 and supplemented annually

Editor: The Texas Guardianship Manual for the State Bar of Texas, 2003 and supplemented periodically

Texas Lawyer, Article: “Your Mission, Should You Choose to Accept It: How to Manage the Risks and Rewards as a Fiduciary,” December 2001

Texas Lawyer, article “Probate Top 10 Changes,” January 1998

Texas Lawyer, article "Representing the Poten­tially Incapacitated"; April 1997

Texas Lawyer, article "How to Avoid Sudden Death When Trying Personal Injury Cases in the Probate Court"; November 1996

Professional Speaking and Related Materials

Tarrant County Probate Bar Association, Topic: Expert Witnesses in Probate Proceedings, September 2008

Hidalgo County Probate Bar Association. Topic: Promoting the Proposed Ward’s Well-Being, January 2008.

American College of Trust and Estate Counsel.  Topic: Choice of Law Issues: An Outline on How It May Impact Litigation; November 2007.

South Texas College of Law.  Topic: Trustee’s Duties and Obligations: Practical Problems, September 2007.

Texas Bankers Association.  Topic: Fiduciary Liability of a Trustee, May 2007.

State Bar of Texas, Advanced Elder Law and Advanced Guardianship Courses 2007.  Topic: Promoting the Proposed Ward’s Well-Being, March 2007.

Tarrant County Probate Bar Association Litigation Seminar. Topic:  Will Your Notes Nail ‘Em?, September 2006.

University of Texas at Austin School of Law.  Topic: Recognizing Various Fiduciary Relationships, Duties & Issues that Commonly Arise in Guardianship Proceedings and Related Litigation, August 2006

The Center for American and International Law. Topic: Planning for Incapacity and Other Litigation Issues, May 2006

American College of Trust and Estate Counsel.  Topic: How to Recognize and Represent Clients with Diminished Capacity; March 2006

Houston Bar Association Wills & Probate Institute 2006.  Topic: Fiduciary Risk Management, February 2006

Tarrant County Probate Bar and Guardianship Services.  Topic: Bridging the Gap: When Do Guardianships Begin, November 2005

State Bar of Texas, Advanced Drafting: Estate Planning & Probate Course.  Topic: Drafting for Risk Management, October 2005

South Texas College of Law, Wills and Probate Institute.  Topic:  Investment Plans and Guardianships, September 2005

State Bar of Texas, Contingency Planning: Avoiding the Schiavo Problem in Texas Telephone Seminar, May 2005

National Business Institute, The Probate Process from Start to Finish in Texas, May 2005

State Bar of Texas, Advanced Elder Law and Guardianship Courses.  Topic: Bridging the Gap: When Do Guardianships Begin?; April 2005

San Antonio Estate Planners Council, Docket Call in Probate Court.  Topic:  “Estate Administration A to Z”, February 2005

Houston Bar Association, Wills & Probate Institute. Topic: “Avoiding Antagonistic Administration—Tips, Traps, Tricks and Treasures; February 2005

National Alliance of the Mentally Ill, Fort Bend County Chapter.  Topic: “Guardianships”, November 2003

State Bar of Texas, Advanced Drafting Estate Planning and Probate Course. Topic: “Will Your Notes Nail You?”  October 2003

Tarrant County Probate Bar and Guardianship Services.  Topic: Settlement Agreements; October 2003

Houston Bar Association, Topic: Guardian’s Duties; February 2001

Houston Chronicle, Topic: What Is your Mine and Ours; January 2001

National Business Institute, The Probate Process from Start to Finish in Texas.  Topic:  The Probate Process from Start to Finish in Texas, November 2000

American College of Trust and Estate Counsel.  Topic: Joint Defense Agreements in Probate and Trust Litigation; November 2000

Tarrant County Probate Bar and Guardianship Services.  Topic: Current Issues in Guardianship Administration and Litigation; October 2000

State Bar of Texas, 24th Annual Advanced Estate Planning and Probate Course.  Topic: Gettin’ Down to Bidness: A Survey on Economics, Practice Management and Life Quality Issues for Texas Estate Planning Attorneys at the Turn of the Century; June 2000

University of Houston, Business and Estate Planning.  Topic: Avoiding Dependent Administration; May 2000

Texas College of Probate Judges.  Topic: Duties/Role of Ad Litems in the Probate Court; September 1999

The University of Texas at Austin, Intermediate Estate Planning, Guardianship and Elder Law Conference. Topic: Duties and Responsibilities of Ad Litems; August 1999

Texas College of Probate Judges.  Topic: Duties/Role of Ad Litems in the Probate Court; March 1999

University of Houston Handling Insurance and Tort Claims.  Topic:  Dealing with Probate: The Ten Worst Traps (or How to Avoid Sudden Death in the Probate Courts); September 1996

State Bar of Texas 20th Annual Advanced Es­tate Planning and Probate Course; June 1996

Houston Bar Association Wills & Probate 1996 Institute.  Topic:  Guardian­ship Litigation; February 1996

State Bar of Texas 1996 Guardianship Institute.  Topic:  Attorney Ad Litem:  How Far Do You Go? Guardian Ad Litem:  Best Inter­est, etc.; January 1996

Houston Bar Association Guardianships and Ad Litems in the Probate Courts.  Topic:  Contesting a Guardianship and Other Important Issues; September 1995

University of Houston Handling Insurance and Tort Claims.  Topic:  Dealing with Probate: The Ten Worst Traps; August 1995

State Bar of Texas 19th Annual Advanced Estate Planning and Probate Course.  Topic:  Guardian­ship Update; June 1995

Hidalgo County Bar Association Ad Litem Certif­ication Program.  Topic:  Trying a Contested Guardianship.  November 1994

Houston Young Lawyers Association and Probate Court No. 2 Guardianship Seminar.  Topic:  Cur­rent Developments in Case Law Ethics, and ADA, Plus Contested Matters Involving Guardian­ships; October 1994.

University of Houston Handling Insurance and Tort Claims.  Topic:  Dealing with Probate: The Ten Worst Traps; August 1994

State Bar of Texas 18th Annual Advanced Estate Planning and Probate Course.  Topic:  Guardian­ship: A Step-by-Step Approach; June 1994

State Bar of Texas The New Guardianship Laws in Texas A Course of Instruc­tion; March 1994

Jefferson County Bar Association.  Topic:  Du­ties of the Ad Litem under the Amendments to the Texas Probate Code Affecting Guardianship; Janu­ary 1994

Houston Business and Estate Planning Council. Topic:  The New Texas Guardianship Code Sections and other Legislative Developments; November 1993

North Harris County Bar Association.  Topic:  Duties of Attorney ad Litem; November 1993

State Bar of Texas Advanced Drafting and Estate Planning Course; November 1993

Houston Bar Association, Probate, Trust and Estate Section. Topic: Legislative Changes Ef­fecting Guardianships in Texas; September 1993

South Texas College of Law 7th Annual Wills and Probate Insti­tute.  Topic:  Will Contests; Sep­tember 1993

State Bar of Texas Wills, Probate and Alterna­tives.  Topic:  Will Contests and Other Probate Contests; September 1993

University of Houston Handling Insurance and Tort Claims.  Topic:  Dealing with Probate: The Worst Traps; September 1993

State Bar of Texas 1993 Advanced Estate Planning and Probate Course.  Topic:  Procedural and Evidentiary Overview for the Probate Litigator; June 1993

Southwestern Legal Foundation: 32d Annual Insti­tute on Wills and Probate.  Topic:  Modification and Reformation of Irrevocable Trusts; May 1993

State Bar of Texas: An Estate Planning Primer.  Topic:  Guardian Administra­tion; March 1993

State Bar of Texas Advanced Drafting: Estate Planning and Probate Course.  Topic:  Peace Treaties: Settlement Agreements in Will Contest, Contested Guardianships, Trust Litigation, Agreed Judgments, Agreements Not to Probate, How to Settle a Will Contest in Advance of Death, Spotting Tax Issues; November 1992

University of Houston Advanced Personal Injury Short Course. Topic:  Dealing with Probate Aspects: The Ten Worst Traps; October 1992

South Texas College of Law Wills & Probate In­stitute. Topic: Trying a Con­tested Guardianship; September 1992

State Bar of Texas Estate Planning and Probate: Tips from the Experts Semi­nar. Topic: Guardian Administration; August 1992

A.G. Edwards Trust Company Seminar: Structured Settlements vs. Section 142 Trusts. Topic: Structured Settlements vs. Section 142 Trusts; Benefits: Ad Litems, Liability, of Ad Litems; July 1992

State Bar of Texas 16th Annual Advanced Estate Planning and Probate Course.  Topic:  Duties of the Ad Litem; June 1992

University of Houston 1992 Wills and Probate Institute.  Topic:  Represent­ing the Estate Beneficiary; June 1992

Professional Education Systems, Inc.:  Texas Practical Probate.  Topic: Guardianships Guidelines; April 1992

University of Houston General Practice Insti­tute: Winter.  Topic:  Will Drafting, Pt. II; December 1991

State Bar of Texas: Practice Skills Course.  Topic:  Guardianship Guidelines; November 1991Author/Speaker:    South Texas College of Law Wills & Probate In­stitute 1991. Topic:  Duties of the Ad Litem; October 1991

University of Houston 1991 Wills and Probate Institute.  Topic:  Represent­ing the Estate Beneficiary; August 1991

State Bar of Texas 1991 Advanced Estate Planning and Probate Course.  Topic:  Current Case Law Developments in Guardian­ships, Estate Administration, and Miscellaneous Topics Affecting Probate, Trust and Estates Including Litigation; June 1991

University of Houston Eighth West Women's Forum Symposium.  Topic:  Where There's a Will There's A Way; May 1991

Houston Bar Association, Family Law Section.  Topic:  Pitfalls of a Non Compos Mentis in a Family Law Case; February 1991

Travis County Bar Association.  Topic:  Ad Li­tems: Appointments, Duties, and Problems--Handling Contested Matters; November 1990

South Texas College of Law:  Will and Probate Institute 1990.  Topic:  Preserving the Claim Against the Estate

Texas Elder Law.  Topic:  Wills: The Essentials; August 1990

State Bar of Texas 14th Annual Advanced Estate Planning and Probate Course.  Topic:  Ad Litems: Appointments, Duties, and Problems--Handling Contested Matters; June 1990

Houston Bar Association, Probate, Trust and Estate Law Section, Wills and Probate Institute.  Topic:  Probate Procedures and Litigation, Panel Discus­sion; February 1990

Houston Bar Association:  Estate Administration, Guardianships, Ad Litems and Practice Skills

State Bar of Texas:  Estate Administration, Guardianships, Ad Litems and Practice Skills

State Bar of Texas Professional Development Program.  Topic:  Guardianship--Overview, Selected Issues and Alternatives; 1988

Disabilities and Elder Law Attorneys Associa­tion:  Topic: Update on Legisla­tive Changes; May 1993

Professional Education Systems, Inc.:  Texas Practical robate.  Topic: Guard­ianships and Section 142 Trusts; 1988 and 1989

Greater Houston Legal Secretaries Association. Topic:  Probate and Plead­ings; April 1985

Estate Planning and Probate Law: a seminar sponsored by Houston Young Lawyers Association for Continuing Legal Education.  Topic: Procedures Relating to Estates of Decedent's in Harris County, Texas; May 1985

Undergraduate Education

1978     Bachelor of Business Adminis­tration, May 1981     University of Texas, 1981, Austin, Texas

Legal Education

1980 to 1983 Doctor of Jurisprudence: December 1983, Cum Laude, South Texas College of Law, Houston, TX

Charitable Endeavors

Board of Directors, Gulf Coast Crohn's and Colitis Foundation

Former Member of Board of Directors, Seven Acres Jewish Geriatric Center

Former Member of Board of Directors, B’nai B’rith Youth Advisory Commission