December 2016 Headnotes: Probate, Trusts & Estates Law

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Dallas Bar Association

HEADNOTES Focus Probate, Trusts & Estates Law

December 2016 Volume 41 Number 12

Payne Mitchell Law Group: Providing Hope & Help Count your blessings. How many times have we heard that phrase over the years—from your mom, a well-intentioned friend, or even the voice in your head, urging you to pull yourself up out of a funk? Count your blessings. Three quick words that oftentimes jolt us back to our reality of all we have to be thankful for in spite of the trouble in our lives. These are simple words that open the door to greater reflection on who we might be depending on the perspective we have on our lives. Have we have counted our blessings? Thanksgiving 2016 is history now—the 395th Thanksgiving on the books. And although our lives are vastly different from the lives of the pilgrims and Indians who celebrated the first Thanksgiving, it seems we are thankful for the same types of things—peace, health, family and friendship, and a good harvest, whatever our success might be. For lawyers, it might be passing the bar, getting that coveted job, making a once in a lifetime deal, landing a big client, opening a new law firm, being a part of a great legal community with a thriving Texas economy. It might be the growth in our personal lives, a marriage, children, new home. The list goes on. But, it also is remembering that winning is not everything, no one is perfect, and sometimes good comes out of bad. It is worth remembering that it is all in the way we look at things, and it seems everyone has something to be thankful for. Tracey, a victim of domestic violence, is thankful for the shelter that took her in, the legal aid lawyer who is representing her, and the comfort and kindness of others who are helping her restart her life. Maria, a single mom of two whose husband left her for another woman, is thankful for her housekeeping job and her volunteer attorney who helped her get child support—the additional income necessary to keep a roof over her head and food on the table. Michelle, a veteran and mother of young children, is thankful for the volunteer attorney willing to look at her employment case when no one else was and willing to go the extra mile for her in negotiating rent payments with her landlord.

Andy Payne and Jim Mitchell

Suzanne, a young mother, is thankful that she and her son are together—just the two of them. She is thankful for the volunteer attorney who fought to get her child back from the deadbeat dad who had no true interest in raising a son. And we as a legal community are thankful for the attorneys who volunteer their time and talents to represent Tracey, Maria, Michelle, Suzanne, and thousands more each year. We are thankful for the donors who financially support the Dallas Volunteer Attorney Program and its efforts to keep the justice system open and accessible to all. We are thankful for our longstanding donors Andy Payne and Jim Mitchell of Payne Mitchell Law Group. Andy and Jim have supported the Equal Access to Justice Campaign benefitting DVAP since 2006. Again, this year, they have donated $25,000 to the campaign, bringing their total donations to $200,000! What is it that motivates Andy, Jim, and Payne Mitchell Law Group, lawyers who represent clients in aviation, product defect, commercial vehicle, and other personal injury matters?

“I am motivated by helping people,” said Mr. Payne. “I like to work side-by-side with my clients to help them get justice in their cases, but also to effect $1 design or policy changes so that Million other people can reap some benefit from the losses my clients have suffered. In the end, I hope $900,000 to make positive changes for everyone.” $800,000 Jim Mitchell’s primary motivator is also helping people. “I $700,000 want to help people deal with not only the legal issues, but $600,000 also the personal challenges that come with a life-changing event,” said Mr. Mitchell. “It is $500,000 critical to have a way to move forward, and, on my best day, I $400,000 hope that is ultimately what I am doing.” $350,000 And what are they thankful for? “We are thankful for the opportunity to help people see $300,000 the silver linings in their situations. We count our blessings $250,000 every day—to be able to help our clients, to be a part of a $200,000 great legal community, and to be able to give back financially in $150,000 our support of DVAP,” said Mr. Payne. “We are truly blessed,” $50,0000 added Mr. Mitchell. To volunteer, donate, or learn more about the Dallas Volunteer Attorney Program and Equal Access to Justice Campaign, contact Alicia Hernandez at ahernandez@ HN dallasbar.org or 214-220-7499.

To Give: www.dvapcampaign.org.

BY ALICIA HERNANDEZ

Alicia Hernandez is the director of the Dallas Volunteer Attorney Program and the DBA director of community services. She can be reached at ahernandez@dallasbar.org.

THANK YOU TO OUR MAJOR DONORS | Equal Access to Justice Campaign Kicks Off *:

PRESIDENT’S COUNCIL ($30,000)

PLATINUM ($10,000)

GOLD ($5,100+)

Connatser Family Law Crain Lewis Brogdon, LLP Perkins Coie LLP

Exxon Mobil Corporation Gary & Donna Fowler The Hartnett Law Firm Haynes and Boone, LLP Jackson Walker LLP Jones Day Kastl Law, PC Koons Fuller, PC Mike McKool Margaret & Jaime Spellings

DBA Probate, Trusts & Estates Law Section DBA Real Property Law Section Farrow-Gillespie & Heath LLP Gardere Wynne Sewell Godwin Bowman & Martinez Gruber Elrod Johansen Hail Shank LLP Hartline Dacus Barger Dreyer LLP Thomas S. Leatherbury & Patricia J. Villareal Brian Loncar McKool Smith Lewis Sifford Squire Patton Boggs Robert L. Tobey Waters, Kraus & Paul, LLP

CHAIRMAN’S COUNCIL ($25,000) Anonymous Foundation AT&T Services, Inc. Payne Mitchell Law Group

PLATINUM ($10,000) Anonymous Dallas Association of Young Lawyers DBA Corporate Counsel Section

GOLD ($5,100+) Anderson Tobin, PLLC DBA Business Litigation Section

*Donors as of press time.

Winstead PC

Law firms, corporations, and individuals wishing to make a pledge will be prominently recognized beginning at the $5,000 level each month through January. To donate, contact Alicia Hernandez, ahernandez@dallasbar.org. For more information about the Campaign see www.dallasbar.org/dvapcampaign.

Inside 8 Brief Primer on a Trustee’s Duties and Obligations 12 Cathy Maher Farewell 19 Estate Planning for Parents of Minors 25 Pet Care Planning and Protection

DBA MEMBER REMINDER – RENEW ONLINE TODAY! You may renew your 2017 DBA Dues online starting TODAY! Go to the DBA website and under the Membership tab, click on Renew Online. Or if you prefer to mail in your payment, log in and select the 2017 Dues Statement option to print and mail in a copy of your 2017 DBA DUES STATEMENT with payment. Your 2017 DBA DUES must be paid by December 31, 2016 in order to continue receiving ALL your member benefits. Thank you for your support of the Dallas Bar Association!


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