Darlene Payne Smith

Shareholder
713-752-8640
dsmith@craincaton.com

Memberships & Certifications

• Texas Bar Association
• Houston Bar Association
• Texas Bar Foundation
• Probate Legislative Sub-Committee – Houston
• Past President – Women Attorneys in Tax and Probate
• Former Vice President – Disability and Elder Law Lawyers Association
• Planning Committee – Elder Law Section, State Bar
• Planning Committee – Wills and Probate Institute
• Elder Law Committee
• Certified by the State Bar of Texas Pursuant to Texas Probate Code § 647A as Ad Litem

Personal

• Married – Michael David Smith
• Three Children – Stephan, Coleman and Hallie
• Hobbies - Singing, pistol shooting, tennis and squash

Speaker/Author

• Speaker: Estate Planning for the Cancer Patient.
• Speaker: Texas Young Lawyers Association, The Women's Advocacy Project and Texas Lawyers Care.
• Author/Speaker: Texas College of Probate Judges (1991-94) - Head Injury.
• Speaker: Appeals, Mandamus & Recusal, Legislative Update, Advanced Directives.
• Author/Speaker: National College of Probate Judges, March 1993, Maui, Hawaii - The Ramification of Closed Head Injury.
• Speaker: Advanced Estate Planning and Probate - 1993, State Bar of Texas.
• Speaker: American Association for the Mentally Ill - 1993.
• Speaker: Texas Association of Legal Secretaries: Mock Trial; 1994.
• Co-Author/Speaker: State Bar of Texas: New Guardianship Laws in Texas. Topic: Show Cause, Contempt, Surcharge and Successor Actions; March 1994.
• Speaker: State Bar of Texas: Elder Law Institute. Topic: An Overview of Guardianships; 1994.
• Co-Author/Speaker: State Bar of Texas; Wills and Probate Institute. Topic: Appeals, Mandamus and Recusal; 1992.
• Speaker: University of Houston: General Practice. Topic: "Money Saving Tips for Tomorrow Morning"; 1993, 1994.
• Co-Author/Speaker: State Bar of Texas: Advanced Estate Planning and Probate Course. Topic: Procedural and Evidentiary Overview for the Probate Litigator; 1993.
• Author/Speaker: A.G. Edwards, Structured Settlement vs. 142 Trusts.
• Co-Author Speaker: New Guardianship Forms.
• Author/Speaker: Texas College of Probate Judges Probate Seminar. Topic: Accounting, June 1994; Duties of the Attorney Ad Litem Under the Amendments to the Texas Probate Code Affecting Guardianships and Removal and Surcharge, April 1994.
• Author/Speaker: Legislative Changes that Affect Probate Practitioners, Law Seminars, Inc.
• Speaker: Guardianship Administration and Alternatives - Texas Elder Law Seminar.
• Speaker: Tips from the Experts - Independent and Dependent Estates.
• Speaker: University of Houston-Downtown – Guest Lecturer - Business Law, 1992; University of Houston-Clear Lake – Guest Lecturer - Advanced Directives.
• Co-Author/Speaker: University of Houston, General Practice Institute – Winter. Topic: Alternatives to Probate; 1994.
• Co-Author/Speaker: University of Houston, General Practice Institute – Summer. Topic: Law Office Management for General Practitioners; 1994.
• Co-Author/Speaker: South Texas College of Law, Wills and Probate Institute. Topic: Structuring Family Settlement Agreements to Avoid Will contests; 1994.
• Speaker: State Bar of Texas 18th Annual Advanced Estate Planning and Probate Course. Topic: Reformation and Construction Suits; June 1994.
• Author/Speaker: State Bar of Texas. Topic: Effect of Guardianships and Criminal Proceedings on Mental Health Hearings; March 1995.
• Author/Speaker: State Bar of Texas Annual Meeting, Red Flags and Hot Topics, Selected Issues in Texas Law. Topic: Guardianship and Ad Litems – Changes that May Affect You; June 1994.
• Speaker: National Association of Estate Planning Councils 1994 Annual Convention. Topic: Fiduciary Liability from the Perspective of a Probate Trial Attorney.
• Speaker: Wills and Probate Institute – South Texas College of Law. Topic: Avoiding Will Contests; September 28-29, 1995.
• Speaker: State Bar of Texas. Topic: Contesting a Guardianship and Other Important Issues; December 1, 1995.
• Author/Speaker: State Bar of Texas – Advanced Estate Planning and Probate. Topic: Damages; June 1996.
• Author/Speaker: State Bar of Texas – Advanced Strategies. Topic: Avoid Will Contests and Other Fiduciary Litigation; San Diego; April 1997.
• Speaker: Tarrant County Probate Bar Luncheon: Topic: Attorney Ad Litem: How Far Do You Go? Guardian Ad Litem: Best Interest, Etc.; August 7, 1997.
• Speaker: Midland County Probate Bar Luncheon: Topic: Guardianship laws: The Basics, October 14, 1997.
• Author/Speaker: State Bar - Legal Assistants Division - Advanced Estate Planning and Probate Law Seminar; Topic: Advanced Directives, Powers of Attorney and Disclaimers; October 17-18, 1997.
• Author/Speaker: State Bar of Texas First Annual Texas Marital Property Institute. Topic: Damages, Including Attorney's Fees; October 9-10, 1997.
• Author/Speaker: Docket Call in Probate Court - Estate Planning, Probate, and Guardianship Seminar; Topic: Dealing With The Difficult Client; San Antonio; January 22-23, 1998.
• Author/Speaker: Guardianship Institute 1998; Topic: Advanced Directives, Powers of Attorney and Disclaimers; Dallas; February 13, 1998.
• Co-Author/Speaker: Putative Spouses and Their Role in the Probate Process.
• Speaker: Houston Bar Association/Family Law Section; Topic: Family Law Cases Do Not Exist in a Vacuum; Probate Issues with Family Law Cases; August 1998.
• Speaker: Trust Financial Services Division/Texas Bankers Association; Topic: Dealing With The Difficult Client; Dallas; January 14, 1999.
• Speaker: South Texas College of Law; Topic: Probate and Guardianship Issues Under The New Discovery Rules; February 12, 1999.
• Winter/Speaker: Disability and Elders Law Attorneys Association; Topic: Probate and Guardianship Issues Under The New Discovery Rules; February 15, 1999.
• Speaker: Texas Bar Association; Telephone Conference Seminar; Topic Probate and Guardianship Issues Under The New Discovery Rules; March 17, 1999.
• Speaker: University of Houston Law Foundation, Wills and Probate Institute; Topic: The Anatomy of a Will; Practical Considerations in Will Drafting; Dallas - July, 22-23, 1999; Houston -July 29-30, 1999.
• Speaker: The University of Texas School of Law; Intermediate Estate Planning, Guardianship and Elder Law; Topic: Duties and Responsibilities of Ad Litem; August 26-27, 1999.
• Speaker: Texas College of Probate Judges, Annual Conference; Topic: Show Cause, Contempt, Surcharge and Injunctive Actions; September 9-11, 1999.
• Speaker: South Texas College of Law; Wills & Probate Institute; Topic: Anatomy of a Will; September 16-17, 1999.
• Speaker: San Antonio Young Lawyers Association; Docket Call 2000; Topic: How to Initiate a Guardianship; January 6-7, 2000.
• Speaker: Disability and Elders Law Attorneys Association; Topic: Show Cause, Contempt, Surcharge, and Injunctive Actions; February 21, 2000.
• Speaker: KSEV Radio Talk Show; Topic: Legal Speaking; one hour talk on trusts; March 26, 2000.
• Author/Speaker: State Bar of Texas – Advanced Estate Planning and Probate. Topic: Ten Unanswered Questions in Probate; June 2000.
• Author/Speaker: Tarrant County Bar Association – Probate Section. Topic: Anatomy of a Will; July 2000.
• Author/Speaker: Texas College of Probate Judges. Topic: Show Cause, Contempt, Surcharge, and Injunctive Actions; August 2000.
• Speaker/Facilitator: Houston Bar Association - Family/Probate Bench Bar Conference; October 27 & 28, 2000.
• Guest Lecturer: South Texas College of Law - Estate Planning & Probate - Creditor Claims; March 2001
• Author: Texas Collection Manual - Third Edition: Probate and Guardianship Section; March 2001
• Course Director: State Bar of Texas Advanced Estate Planning and Probate Course; June 2001
• Speaker: University of Houston Law Center, Wills and Probate Institute Course; July 2001
• Speaker: Judge Rory Olsen's Class on Chemical Dependency, "The Role of The Ad Litem"; October 2001
• Speaker: San Antonio Young Lawyers Association "Docket Call in Probate Courts Seminar"; April 2002
• Speaker: South Texas College of Law "Representing the Elderly Client"; May 2002
• Advisory Committee: Wills & Probate Institute, University of Houston Law Foundation; May 2002
• Speaker: State Bar of Texas Advanced Estate Planning and Probate Course; June 2002
• Speaker: Victoria Area Estate Planning Counsel; Court Created Section 867 Trusts; November 2002
• Speaker: South Texas Collage of Law "Guardianship Certification Course for Ad Litem Appointments in Probate Court"; January 2003
• Manual Committee State Bar of Texas - Texas Guardianship Manual, Second Edition; May 2003
• Speaker: Advanced Personal Injury Law Course, Dallas; "Probate Issues in a Personal Injury Case"; June 2003
• Speaker: Advanced Personal Injury Law Course, Houston; "Probate Issues in a Personal Injury Case"; July 2003
• Speaker: Advanced Personal Injury Law Course, San Antonio; "Probate Issues in a Personal Injury Case"; August 2003
• Speaker: Tarrant County Probate Bar Association Second Annual Probate Litigation Seminar; "Avoiding Sudden Death or at Least Temporary Incapacitation of your Case in Probate Court – Including Jurisdiction and Probate"; October 3, 2003
• Co-Author/Speaker: State Bar of Texas – 14th Annual Advanced Drafting Estate Planning and Probate Course; Dallas, Texas; "Will Your Notes Nail You? (Notes, Video, Audio, Emails, Comments and Other Faux Paus)"; October 23-24, 2003
• Speaker: Klein Forest High School "Anniversary of Brown v. Board of Education", May 2004
• Author/Speaker: Fiduciary Litigation 2004, Texas Bar CLE, Houston, May 6-7, 2004
• Co-Author/Speaker: El Paso Probate Bar Association, Texas College of Probate Judges; "Probate Surcharge and Preliminary Proceedings"; May 12-13, 2004
• Speaker: El Paso Probate Bar Association, Texas College of Probate Judges; "Independent Administration"; May 12-13, 2004
• Co-Author/Speaker: Wills and Probate Institute, University of Houston Law Foundation, Houston; "Dependent Administrations"; May 20-21, 2004
• Speaker/Author: Advanced Estate Planning and Probate Course; San Antonio, Texas; "How Your Notes Can Get You Into Trouble"; June 9-11, 2004
• Speaker/Author: Texas State Bar, Charitable Giving Course; San Antonio, Texas, "Giving Till it Hurts---You", July 29-30, 2004
• Speaker/Author: Tarrent County Probate Bar Association 3rd Annual Probate Litigation Seminar; Fort Worth, Texas, "Jury Charges In Probate", September 17, 2004
• Speaker/Author: Texas Bankers Association Personal Trust Seminar; Dallas, Texas, "Dealing with the Difficult Client and/or Beneficiary", October 7, 2004
• Speaker/Author: Houston Estate and Financial Forum; Houston, Texas, "Will Your Notes Nail You? (Notes, Video, Audio, Emails, Comments and Other Faux Paus That Cause Problems)", November 18, 2004
• Speaker/Author: TBA Trust Financial Services Division, Court Created Trusts Seminar, Dallas, Texas; "Court-Created 867 Trusts Practical Approach; March 5, 2005
• Speaker: Case Law Update, Reliant Decision; Houston, Texas; The Disability and Elder Law Attorneys Association; March 21, 2005
• Advisor: University of Houston Wills and Probate Advisory Committee – 1995 to present
• Speaker: H.B.A. Speech to the Elderly, Houston, Texas, "Guardianship Alternatives and Settling Contested Guardianships"; May 17, 2005
• Speaker: National Business Institute, Houston, Texas, "The Probate Process from Start to Finish", May 17, 2005
• Speaker/Author: El Paso Planned Giving Counsel, University of Texas at El Paso, El Paso, Texas, "Giving Till it Hurts you"; May 23, 2005
• Speaker/Author: State Bar of Texas – Avoiding Malpractice, Dallas, Texas, "Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case", July 12, 2005
• Speaker/Author: State Bar of Texas – Avoiding Malpractice, San Antonio, Texas, "Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case", August 2, 2005
• Speaker/Author: State Bar of Texas – Avoiding Malpractice, Houston, Texas, "Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case", August 24, 2005
• Speaker: South Texas College of Law – Wills and Probate Institute, Houston, Texas, "Investment Plans and Guardianships", September 16, 2005
• Speaker/Author: Tarrent County Probate Bar Association – Litigation Seminar, Ft. Worth, Texas, "Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case", October 14, 2005
• Speaker/Author: Jefferson County Bar Association CLE – Avoiding Malpractice, Beaumont, Texas, "Avoiding The Silver Bullets That Can Kill Your Case", October 28, 2005
• Speaker: Houston Bar Association – Guardianship Certification Course For Ad Litem Appointments 2006, Houston, Texas, "The Role of the Attorney Ad Litem in a Contested Guardianship Proceeding", January 27, 2006
• Speak/Co-Author: State Bar of Texas – Advanced Guardianship Course, Dallas, Texas, "Promoting the Well-Being of the Proposed Ward", March 9, 2006
• Speaker/Author: Texas Trial Lawyers Association – Advanced Personal Injury Seminar, Houston, Texas "Personal Injury Involving Probate From Beginning to end or Avoiding the Silver Bullets That Can Kill Your Case", May 11-12, 2006
• Speaker/Author: Planned Giving Council of Houston – Monthly Program, Houston, Texas, "Giving Till it Hurts You", May 18, 2006
• Speaker/Moderator: Advanced Estate Planning and Probate Course, Houston, Texas, "Expert Qualification and Disqualification in Probate and Fiduciary Litigation", June 2006
• Speaker: South Texas College of Law Wills and Probate Institute, Houston, Texas, "Navigating the Quagmire of Potential Claims Against Estate Planning, Trust, Probate and Guardianship Practice", September 2006
• Speaker/Author: HBA All Day Ethics Program; Houston, Texas, "Ethical Jeopardy", November 4, 2006
• Speaker/Co-Author: DELAA, Houston, Texas, "Fiduciary Litigation", January 22, 2007
• Speaker: State Bar of Texas - Advanced Elder Law & Guardianship Course, Houston, Texas, "Contested Guardianships", March 8-9, 2007
• Advisor: National Academy of Elder Law Attorney, Inc. – Trust special Interest Group Steering Committee, 2006 to present
• Speaker/Moderator: Texas Guardianship Association Spring Conference, Waco, Texas, Ethics Panel; April 12-13, 2007