Brian Thomas has devoted his entire legal career to representing individuals in litigated probate, guardianship, and fiduciary matters. Because most people encounter probate or guardianship issues only once or twice in their lifetimes, Brian understands that the stakes for his clients are always extraordinarily high. He channels his experience, confidence, and determination to hold dishonest people accountable when they attempt to take advantage of others.
Legal theories can be complex and confusing — Brian's approach is to humanize them into compelling, relatable arguments while remaining completely candid with clients when emotion or frustration clouds their perspective. Guided by reason, honor, and integrity, Brian defends legitimate estate plans from unmeritorious challenges and, conversely, pursues unlawfully-created plans that subvert a loved one's true wishes or care.
Representative Experience
- Successfully defended an elderly client against allegations of incapacity and the imposition of an unwanted, unnecessary guardianship of his person and estate
- Defended a decedent's Last Will and Testament against multiple allegations of lack of testamentary capacity and undue influence
- Obtained favorable mediation results in a contested guardianship, ending financial exploitation of an elderly ward and securing appropriate care placement
- Removed an executor from her position after demonstrating mismanagement of estate assets and withholding information from beneficiaries
- Routinely obtains temporary injunctions and emergency guardianships to halt rogue agents from abusing powers of attorney
- Represents guardians, executors, and administrators in all phases of guardianship and estate administration
- Routinely serves as attorney ad litem and guardian ad litem in guardianship cases
- Consistently achieves favorable outcomes for clients at mediation
Selected Publications & Speaking Engagements
- "The Probate Process from Start to Finish for Paralegals" – National Business Institute, Dallas (2008, 2016, 2018)
- "Will Contests" – Estate Planning Council of North Texas, Plano (2012)
- "Powers of Attorney & Fiduciary Duties" – Wealth Management & Trust: Texas Graduate Trust School, Dallas (2013–2018)
- "The Shortest Route to Victory: Summary Judgment Practice in Probate and Trust Litigation" – Advanced Estate Planning and Probate, San Antonio (2016)
- "Litigation Involving Powers of Attorney and Bank Accounts" – Advanced Estate Planning and Probate, Houston (2017)
- "What to Know About our Probate and Planning Files: Preparing to Defend the Estate Plan" – Estate Planning and Probate Drafting, Dallas (2018)
Education
- B.B.A., Baylor University, Waco, Texas
- J.D., Baylor Law School, Waco, Texas
Certifications, Awards & Recognition
- Named Rising Star, Texas Super Lawyers (Thompson Reuters) (2014–2019)
- Selected Rising Stars Top 100 Up & Coming Attorneys in Texas (Thompson Reuters) (2018)
Community & Bar Involvement
- Texas Bar Association
- Member, College of the State Bar of Texas
- Dallas Bar Association