Mark R. Caldwell routinely represents executors, guardians, fiduciaries, and beneficiaries in complex estate, trust, and guardianship litigation across Texas. He combines exceptional analytical skill with an unwavering commitment to his clients — reviewing and scrutinizing medical, financial, and property records to build the strongest possible case.
Committed to developing strong, personal relationships with each client, Mark provides smart, pragmatic, and cost-effective legal counsel. He firmly believes that the most compelling arguments are those that are simple, direct, and easy to understand. While he advocates aggressively on behalf of his clients, he approaches every case with integrity — fighting the good fight by overcoming adversity with faith, determination, and honor.
Representative Experience
- Obtained favorable jury verdict and award of nearly $3 million for breach of contract and breach of fiduciary duties in a hotly contested family dispute involving the sale of oil and gas interests
- Obtained favorable jury verdict for lack of testamentary capacity and undue influence in a contested will contest, and a separate favorable verdict for lack of contractual capacity and breach of fiduciary duty regarding non-probate beneficiary designations in the same lawsuit
- Recovered significant settlement in a case involving fraud on the community and breach of fiduciary duty through the use of a power of attorney
- Obtained favorable jury verdict in a guardianship case involving an elderly ward
- Successfully defeated on summary judgment a claim that a will was executed without testamentary capacity
- Routinely obtains temporary injunctions and emergency guardianships to halt rogue agents from abusing powers of attorney
- Obtained partial summary judgment against a Trustee for breach of fiduciary duty involving failure to account
- 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
- Successfully obtained ancillary estate administration in California to collect and administer assets and claims due to a Texas estate
Publications & Speaking Engagements
- Co-Author/Speaker: "Drafting for Multiple Executors, Trustees, and Agents" – 33rd Annual Estate Planning & Probate Drafting (2022)
- Co-Author/Panelist: "Getting Back on Track – What to Do When Best-Laid Estate Plans Get Derailed" – 28th Annual Advanced Estate Planning Strategies Course (2022)
- Author/Speaker: "Disclosure and the Fiduciary: How Much, How Far and to Whom?" – 15th Annual Fiduciary Litigation Seminar (2020)
- 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)
- Co-Author/Speaker: "Choosing Your Own Adventure and Navigating Self-Dealing Transactions Under the New Power of Attorney Act" – 29th Annual Estate Planning & Probate Drafting (2018)
- Author: "A Good Deed Repaid: Awarding Attorney's Fees in Contested Guardianship Proceedings" – 51 S. Tex. L. Rev. 439 (Winter 2009)
Education
- General Course, The London School of Economics, London, United Kingdom (2001–2002)
- B.A., magna cum laude, Southern Methodist University, Dallas, Texas (2002)
- J.D., New England Law | Boston, Boston, Massachusetts (2005)
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) (2018–2019)
Community & Bar Involvement
- Bencher and Executive Committee Member, Dallas Probate American Inn of Court (2022–2023)
- State Bar of Texas – Real Estate, Probate, and Trust Law Section; Guardianship Committee Member (2015–2018)
- Dallas Bar Association – Probate and Trust Section; Council Member (2015–2016)
- Dallas Association of Young Lawyers – Elder Law Section Member
- Member, St. Thomas More Society
- Board of Directors and Vice President, City of Sachse Economic Development Corporation (2010–2014)
- Organizes and leads an ongoing monthly probate study group featuring prominent guest speakers and court staff
