Sharon Brand Gardner

Shareholder
713-752-8626
sgardner@craincaton.com

Professional Experience

• Shareholder, Crain, Caton & James since 1998
• Shareholder, Cenatiempo & Gardner

Publications

• Texas Bar Journal, article: “Expert Testimony in Capacity and Commitment Proceedings” 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

Associations/Affiliations

• Adjunct Professor at South Texas College of Law, Houston, Texas, teaching Estate Administration and Guardianship in 2001, 2002, 2003, 2006, and 2007

• American College of Trust and Probate Counsel, Fellow; Subcommittee chair of Fiduciary Litigation, 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 and 1994
  • Past Guardianship Subcommittee Chair, Committee Member Real Estate, Probate and Trust Law Section
  •Former Guardianship Editor for Real Estate, Probate and Trust Law Section since 1997         

• Past President and Officer, Women Attorneys in Tax and Probate, Houston, TX

  Past Treasurer, Association of Women Attorneys Scholarship Foundation, Houston, TX

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

  Member, National Academy of Elder Law Attorneys

  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

Press Releases/Honors

• H Texas Magazine voted as one of Houston’s Top Lawyers for the People 2006 & 2007

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

• Texas Monthly Super Lawyer 2003, 2004, 2005, 2006, in Elder Law

  Texas Monthly Super Lawyer Top 100 Attorneys in Houston by Texas Monthly

  Texas Monthly Super Lawyer 50 Female Attorneys in Texas by Texas Monthly

• Texas Monthly Super Lawyer Top 50 Female Lawyers and Top 100 Lawyers in Texas and Elder Law for 2007

• 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

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

• Named one of the Best Lawyers in America, 2006

Speeches

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 1991 Author/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 Probate. 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.