With an intense focus on estate, trust, and guardianship litigation, J. Ellen Bennett brings clarity and understanding to what is often a confusing and emotionally challenging legal process. She skillfully guides personal representatives, trustees, beneficiaries, fiduciaries, and guardians through the complexities of Texas probate law — from the earliest stages through final resolution.
Whether resolving matters through strategic settlement or determined trial advocacy, Ellen represents her clients with expertise, integrity, and unwavering resolve. Her breadth of successful experience spans will contests and interpretations, guardianship disputes, trust modifications, accounting challenges, and both the assertion and defense of breach of fiduciary duty claims. Recognizing that no two cases are alike, Ellen crafts a unique, tailored strategy for each client — giving them the best opportunity for a successful and meaningful resolution.
Representative Experience
- Successfully defended trial court judgment on appeal brought by purported heir of a decedent
- Obtained successful judgment for a trust beneficiary in a contested trust modification proceeding
- Recovered substantial settlement against a guardian of the estate removed for breaching fiduciary duty
- Obtained summary judgment defeating claims of a purported surviving spouse
- Defeated claims of a caregiver who purportedly married and financially exploited an elderly incapacitated person
- Achieved favorable settlements representing beneficiaries of estates against bad-acting executors and administrators
- Successfully defended a proposed ward against allegations of incapacity in a permanent guardianship proceeding
- Defeated an unsuitable applicant seeking to impose guardianship on an elderly individual
- Represents executors, trustees, administrators, and guardians in all phases of estate and trust administration
- Routinely serves as attorney ad litem and guardian ad litem in guardianship cases
Publications & Speaking Engagements
- Co-Author: "You Settled it Right? Family Settlement Agreements in Probate, Trust and Guardianship Disputes" – Texas Tech Estate Planning and Community Property Law Journal (Spring 2019)
- Presenter: "Pitfalls of Will and Power of Attorney Drafting" – Dallas Bar Association Volunteer Attorney Program (2018)
- Co-Author/Presenter: "What's New in Guardianship" – Advanced Guardianship Law Course, State Bar of Texas (2017)
- Co-Author/Presenter: "The Roles of the Applicant, Ward and Attorney Ad Litem" – Dallas Bar Association, DVAP (2016)
- Co-Author/Presenter: "Planning to Avoid Power of Attorney Litigation" – UT CLE, Galveston (2013)
- Co-Author: "Attorney's Fees in Dallas County Probate Courts" – Dallas Bar Association, Headnotes (April 2012)
Education
- B.A., University of North Texas, Denton, Texas
- J.D., University of Missouri Law School, Columbia, Missouri
Certifications, Awards & Recognition
- Board Certified – Estate Planning and Probate Law, Texas Board of Legal Specialization
- 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
- Dallas Bar Association – Probate and Trust Section; Trial Skills Section
- Dallas Women Lawyers' Association
- College of the State Bar of Texas
- Attorneys Serving the Community
