Crain Caton & James

Overview

Keith Taylor’s practice primarily includes probate, trust and guardianship litigation and real estate.

Keith’s experience includes all aspects of the probate administration process from admitting a will to probate, determination of heirs, inventorying estate assets, distributing estate assets to the beneficiaries, and closing the estate.  Keith decided in law school to focus his practice on probate, trusts and guardianships, excelling in two probate legal clinics and all available probate courses at South Texas College of Law.  After graduating law school, Keith continued his passion in probate law, helping individuals with probate administrations and estate planning.  Keith also has estate planning experience, which includes drafting wills, powers of attorneys, and trusts. This probate administration and estate planning background are critical to Keith’s success now in probate, trust and guardianship litigation.

For several years, Keith represented some of the nation’s largest financial institutions and mortgage lenders with their real estate and debt collection problems, within the probate context. During this time, Keith mediated and resolved cases throughout the State of Texas which involved foreclosures, Real Estate Settlement Procedures Act (RESPA), Federal Debt Collection Practices Act and Texas Deceptive Collection Practices Act. His extensive experience representing creditors now helps individuals, trusts and estates protect their valuable assets.

Keith and his wife have two small children and spend their spare time snowboarding, traveling to National Parks, spoiling their two dogs and cheering on all Houston sports teams.

Affiliations

• Texas State Bar, Real Estate, Probate and Trust Law Section
• Inns of Court – Texas Probate Law

Honors & Awards

• Best Lawyers Ones to Watch – Elder Law, BL Rankings, 2022 – 2025
• Best Lawyers Ones to Watch – Litigation – Trusts and Estates, BL Rankings, 2022 – 2025
• Texas Super Lawyers – Rising Stars, Thomson Reuters, 2023
• Texas Monthly – Top Rising Young Attorneys in Texas, April 2023 Edition

Publications & Presentations

• Guardianships and POAs, 24^th Annual Summer School: Sun, Sand, and CLE for the General Practitioner, State Bar of Texas, Galveston, July 2022 (speaker)
• New Texas Civil Procedure Rules 2021, Crain Caton & James CLE Program, Houston, February 2021
• More Powers – More Problems: Whose Burden is it on Undue Influence and What is an Agent to do, 16^th Annual Fiduciary Litigation “Strategies for Success”, San Antonio, December 2021 (co-author)

Experiences

• Acted as trial counsel in jury trial to contest will and six bank beneficiary forms resulting in verdict for clients, finding that the will and forms were invalid because decedent lacked capacity, and was unduly influenced. Awarded attorney’s fees. Case affirmed on appeal.
• First chaired a jury trial regarding adverse possession of a residence by a decedent. Resulted in unanimous jury verdict in client’s favor.
• Prevailed on summary judgment to declare a deed void based on lack of capacity. Real property involved worth an estimated $800,000 – $1 million.
• Represented lender seeking to collect on disputed debt. Negotiated payment to lender from sale proceeds and resolved 15-year probate and loan dispute.
• Represented lender in defense of wrongful foreclosure. Successfully obtained removal of personal representative and order validating lender’s lien claim.
• Acted as trial counsel in guardianship jury trial resulting in unanimous verdict for client, declaring proposed ward incapacitated, finding client suitable as guardian of person. Awarded attorney’s fees.
• Represented guardian suing individual for conversion of assets from incapacitated ward, and successfully obtained judgment against same individual who was held in contempt for violating court orders and confined to 6 months in jail.
• Acted as trial counsel in jury trial to contest will resulting in unanimous verdict for client, finding that the will was invalid because decedent lacked capacity, was unduly influenced, and that the formalities for will execution were not met. Awarded attorney’s fees.
• Defended heir from enforcement of no-contest clause through successful TCPA and summary judgment. Awarded attorney’s fees.