Smith, Darlene Payne - Crain Caton & James

Overview

Darlene Payne Smith is a member of the firm’s Fiduciary Litigation Group and the firm’s Probate, Trust and Guardianship Administrative Group. She also mediates two cases per month.

Her practice is focused on individuals who have experienced a loss or are facing the issue of a loved one who is becoming incapacitated or suffered a traumatic injury that rendered them incapacitated and individuals and trust companies who serve as fiduciaries. Darlene fights to uphold the wishes of those who have established valid estate plans and she defends fiduciaries wrongfully accused. She also seeks justice against fiduciaries who have wronged their beneficiaries.

As a result, Darlene often appears in courts in Harris, Montgomery, Brazoria, Galveston, Fort Bend, Brazos, San Jacinto, Chambers, Walker, Tarrant, Travis, Dallas and Jefferson Counties, as well as in Hildago and Cameron Counties.

Darlene represents fiduciaries and beneficiaries in trial and appellate courts of those counties, and across the State of Texas, in matters relating to probate, guardianship, trust litigation and administration.

Because of her knowledge and skill, Darlene often is sought to help resolve disputes or to improve the knowledge of fellow attorneys. She is a frequent writer and speaker for the State Bar and other entities of continuing legal education.

Darlene is an adjunct professor at South Texas College of Law. She is a co-author of the Texas Jury Charge publication for Probate and Trust and a sustaining member of the Pattern Jury Charge Committee. She is also a mediator of probate, trust, guardianship, and related matters.

Darlene has been honored many times over the years for her accomplishments including being selected to the 2006-2011 and 2014-2024 Texas Super Lawyers lists (Thomson Reuters) and the 2024-2025 Best Lawyers in America (BL Rankings) for Litigation – Trusts and Estates. She was chosen to be on the 2020 Texas Top Women Attorneys List, Super Lawyers (Thomson Reuters). In 2019, she was featured in the inaugural edition of Texas Trailblazers published by Texas Lawyer.

Affiliations

Certified under Texas Estates Code to serve as an appointee and represent persons and entities in guardianships
Adjunct Professor – South Texas College of Law, 2010 – 2021
South Texas College of Law, adjunct professor, 2010-2017
State Bar Pattern Jury Charge Committee, member, 2010-2012
Houston Bar Association Elder Law Committee, co-chair, 2010
Texas Bar Association, member
Texas Bar College, member
Houston Bar Association, member
National Association of Elder Law Advisors (NAELA), member
Women Attorneys in Tax and Probate, past president
Disability and Elder Law Lawyers Association, past vice president
NAELA, former trust committee member

Honors & Awards

Best Lawyers in America – Litigation-Trusts and Estates, BL Rankings, 2024-2025
Texas Top Women Attorneys, Texas Super Lawyers, Thomson Reuters, 2020
Texas Super Lawyers, Thomson Reuters, 2006-2011, 2014-2024
Texas Trailblazers, Texas Lawyers, 2019

Publications & Presentations

Error 404: Intent Not Found – Scrivener’s Error in the Age of Online Legal Aid, State Bar of Texas, 17th Annual Fiduciary Litigation, San Antonio, 2022
More Powers – More Problems: Who’s Burden is it on Undue Influence and What is an Agent to Do?, State Bar of Texas, 16th Annual Fiduciary Litigation, 2021
What’s Changed in Powers of Attorney and Guardianships, 2020 Annual Conference, Texas Aggie Bar Association, College Station, 2020
Estates, Trusts, Powers of Attorney, Mental Commitments, and Guardianships: Dealing with Firearms, speaker/co-author, 8th Annual Firearms Law: What Every Texas Lawyer Needs to Know Course, State Bar of Texas, Austin, 2019
Changes in Guardianships and Powers of Attorney – What every Attorney Should Know, speaker/co-author, 12th Annual Summer School: What Sun, Sand, and CLE for the General Practitioner, State Bar of Texas, Galveston, 2019
Guardianships: What Do You Do When Your Client is Not all There?, speaker/co-author, 44th Annual Advanced Family Law Course, State Bar of Texas, San Antonio, 2018
What Every Lawyer Needs to Know 2018, panelist, 7th Annual Course on Firearms Law, State Bar of Texas, San Antonio, 2018
19th Annual Advanced Courses Guardianship Law and Elder Law, course director, State Bar of Texas, Dallas, 2018
Course Director, 12th Annual Fiduciary Litigations Course, State Bar of Texas, San Antonio, 2017
Elder Abuse, The Criminal Aspects of Estates and Guardianships, and Mental Commitments, speaker/co-author, The University of Texas School of Law, Galveston, 2017
Building Blocks of Wills, Trusts and Estates, speaker, State Bar of Texas, Live Webcast, Austin, 2017
Elder Abuse and the Criminal Aspect of Estates, Guardianships, and Mental Commitments, speaker/co-author, Montgomery County Bar Association Fall Conference, The Woodlands, 2016
Elder Abuse and the Criminal Aspect of Estates, Guardianships, and Mental Commitments, speaker/co-author, 40th Annual Advanced Estate Planning and Probate Course, San Antonio, 2016
Legislative Update of 2015 Session, speaker/author, Montgomery County Law Day, Conroe, 2016
Best Practices in Communication and Supervision on the Legal Team, speaker/author, State Bar of Texas, 34th Annual Texas Forum Towards a More Perfect Union: Attorney and Paralegal Team, Austin, 2016
The Estate Administration Guide, speaker, State Bar of Texas, 17th Annual Building Blocks of Wills, Estates, and Probate Course, Austin, 2016
Ancillary Documents Should Not be an Afterthought, speaker/author, State Bar of Texas, 10th Annual Fiduciary Litigations Course, San Antonio, 2015

Criminal Aspects of Guardianship and Mental Commitment, speaker/co-author, State Bar of Texas, Handling Your First (or Next) Guardianship Case, Austin, 2015
Assessing Competency and Making the Decision to Wind Down – Lessons from the Baseball Diamond, speaker/co-author, State Bar of Texas, Essentials of Winding Down A Law Practice in Texas, Austin, 2015
Using a Paralegal in Your Practice: What they Can and Cannot Do, speaker, State Bar of Texas, Webcast, Austin, 2015
Who’s Handling Mama’s Money, speaker/author, State Bar College Summer School, Galveston, 2015
Little Known Statutes/Issues Relating to Fiduciary Litigation, speaker/author, National Board of Trial Advocacy, New Business: Learn New Cause of Action Continuing Legal Education, Houston, 2015
Little Known Statutes/Issues Relating to Fiduciary Litigation, speaker/author, 9th Annual Fiduciary Litigation Course, Horseshoe Bay, 2014
What Options Exist when you Recognize a Problem?, speaker/co-author, Lawyer Competence in the 21st Century, Austin, 2014
Estate Administration A to Z, speaker, 63rd Annual Education Conference and National Forum, 2014
Criminal Aspects of Guardianship and Mental Commitment, speaker/co-author, Advanced Elder Law and Advanced Guardianship Law Course, 2014
Powers of Attorney, Common Law Spouses and Guardianships, speaker/author, Transitional Learning Center, Galveston, 2013
Criminal Aspects of Guardianship and Mental Commitment, speaker/co-author, Advanced Elder Law and Advanced Guardianship Law Course, 2014
Criminal Justice Symposium and Community Day, speaker, Houston
Practical Aspects of Guardianship Law, speaker, Texas College of Probate Judges, San Antonio, 2012
Will and Guardianship Contests (Limine, Voir Dire, Opening, Preserving Errors, Charge and Closing), speaker/author, State Bar College, Summer School, Galveston, 2012
Handling Insolvent Estates and the Claims Process, speaker/author, Houston Northwest Bar Association, Houston, 2012
Fiduciary Administration (Common Sense Approach), speaker/author, Lorman Education Services, Houston, 2012
Fiduciary Litigation – Practical Approach, speaker/author, DELAA, Houston, 2012
Trial of a Guardianship, speaker/author, Wills & Probate Institute, Houston, 2011
Probate, Guardianship and Trusts, Where are we Now?, speaker/author, Advanced Estate Planning and Probate Course, Fort Worth, 2011
Trial of a Guardianship, speaker/author, Advanced Guardianship Law Course, Houston, 2011
Divorce and Annulment In the Elderly, speaker/author, National Academy of Elder Law Attorneys, Inc., Orlando, 2010
Estate Planning No Matter How Big or How Small, speaker, Sharpstown Rotary Club, Houston, 2010
Getting to Victory: Winning Techniques in Fiduciary Litigation, speaker/author, Trial of a Fiduciary Litigation Case, Fredericksburg, 2009
Estate Planning No Matter How Big or How Small, speaker, St. Edward Catholic Church, Spring, 2009
Guardian Ad Litem in a Personal Injury Case: Deal or No Deal, Austin, Texas, speaker, State Bar of Texas Webcast, Austin, 2009
Complex Family Matters in Guardianship, speaker/author, State Bar of Texas Advanced Guardianship Course, Houston, 2009
Drafting and Entering Judgments, speaker/author, Attorneys In Tax & Probate, 2009
Advisory Committee: Advanced Elder Law and Guardianship Courses, 2009
Expert Testimony, speaker/author, Tarrant County Probate Bar Association – Sixth Probate Litigation Seminar, Ft. Worth, 2008
Ask The Experts: Guardianship Topics including Medical Issues in Guardianships, speaker, Estate Planning, Guardianship and Elder Law Conference, Galveston, 2008
Drafting and Entering Judgments, speaker/author, Advanced Estate Planning and Probate Course, Dallas, 2008
The Role of The Ad Litem, speaker/author, Texas College of Probate Judges Regional Workshop, Corpus Christi, 2008
Show Cause, Contempt, Surcharge, and Injunctive Actions, speaker/author, Texas College of Probate Judges Regional Workshop, Corpus Christi, 2008
Medical Experts: Can Yours Withstand Cross?, speaker/author, State Bar of Texas Advanced Guardianship Course, Dallas, 2008
Major Provisions of a Trust, speaker/author National Business Institute Fundamentals of Trust Administration, Houston, 2007
Essential Steps in Trust Termination, speaker/author, National Business Institute Fundamentals of Trust Administration, Houston, 2007
Overcoming Ethical Challenges, speaker, National Business Institute Fundamentals of Trust Administration, Houston, 2007
File Documentation, Retention & Destruction: i.e. Will Your Notes Nail You?, speaker/co-author, State Bar of Texas Advanced Drafting Course for Estate Planning and Probate, Houston, 2007
Fiduciary Litigation, speaker/co-author, Trust Administration in Texas, Houston, 2007
Fiduciary Administration, speaker/author, Trust Administration in Texas, Houston, 2007
Getting to Victory: Special Issues: Jury Charge, speaker/author, Advanced Estate Planning and Probate Course 2007; San Antonio, 2007
Texas Guardianship Association Spring Conference, speaker/author, Waco, Ethics Panel, 2007
National Academy of Elder Law Attorney, Inc., Trust Special Interest Group Steering Committee, advisor, 2006 to present
Contested Guardianships, speaker, State Bar of Texas – Advanced Elder Law & Guardianship Course, Houston, 2007
Fiduciary Litigation, speaker/co-author, DELAA, Houston, 2007
Ethical Jeopardy, speaker/author, HBA All Day Ethics Program; Houston, 2006
Navigating the Quagmire of Potential Claims Against Estate Planning, Trust, Probate and Guardianship Practice, speaker, South Texas College of Law Wills and Probate Institute, Houston, 2006
Expert Qualification and Disqualification in Probate and Fiduciary Litigation, speaker/moderator, Advanced Estate Planning and Probate Course, Houston, 2006
Giving Till it Hurts You, speaker/author, Planned Giving Council of Houston – Monthly Program, Houston, 2006
Personal Injury Involving Probate From Beginning to end or Avoiding the Silver Bullets That Can Kill Your Case, speaker/author, Texas Trial Lawyers Association – Advanced Personal Injury Seminar, Houston, 2006
Promoting the Well-Being of the Proposed Ward, speaker/co-author, State Bar of Texas – Advanced Guardianship Course, Dallas, 2006
The Role of the Attorney Ad Litem in a Contested Guardianship Proceeding, speaker, Houston Bar Association – Guardianship Certification Course For Ad Litem Appointments 2006, Houston, 2006
Avoiding The Silver Bullets That Can Kill Your Case, speaker/author, Jefferson County Bar Association CLE – Avoiding Malpractice, Beaumont, 2005
Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case, speaker/author, Tarrant County Probate Bar Association – Litigation Seminar, Ft. Worth, 2005
Investment Plans and Guardianships, speaker, South Texas College of Law – Wills and Probate Institute, Houston, 2005
Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case, speaker/author, State Bar of Texas – Avoiding Malpractice, Houston, 2005
Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case, speaker/author, State Bar of Texas – Avoiding Malpractice, San Antonio, 2005
Personal Injury Involving Probate From Beginning to End or Silver Bullets That Can Kill Your Case, speaker/author, State Bar of Texas – Avoiding Malpractice, Dallas, 2005
Giving Till it Hurts You, speaker/author, El Paso Planned Giving Counsel, University of Texas at El Paso, El Paso, 2005
The Probate Process from Start to Finish, speaker, National Business Institute, Houston, 2005
Guardianship Alternatives and Settling Contested Guardianships, speaker, H.B.A. Speech to the Elderly, Houston, 2005
University of Houston Wills and Probate Advisory Committee, adviser, 1995-present
The Disability and Elder Law Attorneys Association, speaker, Case Law Update, Reliant Decision, Houston, 2005
Court-Created 867 Trusts Practical Approach, speaker/author, TBA Trust Financial Services Division, Court Created Trusts Seminar, Dallas, 2005
Will Your Notes Nail You? (Notes, Video, Audio, Emails, Comments and Other Faux Paus That Cause Problems), speaker/author, Houston Estate and Financial Forum; Houston, 2004
Dealing with the Difficult Client and/or Beneficiary, speaker/author, Texas Bankers Association Personal Trust Seminar; Dallas, 2004
Jury Charges In Probate, speaker/author, Tarrant County Probate Bar Association 3rd Annual Probate Litigation Seminar; Fort Worth, 2004
Giving Till it Hurts You, speaker/author, Texas State Bar, Charitable Giving Course; San Antonio, 2004
How Your Notes Can Get You Into Trouble, speaker/author, Advanced Estate Planning and Probate Course; San Antonio, 2004
Dependent Administrations, speaker/co-author, Wills and Probate Institute, University of Houston Law Foundation, Houston, 2004
Independent Administration, speaker, El Paso Probate Bar Association, Texas College of Probate Judges, 2004
Probate Surcharge and Preliminary Proceedings, speaker/co-author, El Paso Probate Bar Association, Texas College of Probate Judges, 2004
Fiduciary Litigation 2004, speaker/author, Texas Bar CLE, Houston, 2004
Anniversary of Brown v. Board of Education, speaker, Klein Forest High School, 2004
Will Your Notes Nail You? (Notes, Video, Audio, Emails, Comments and Other Faux Paus), speaker/co-author, State Bar of Texas – 14th Annual Advanced Drafting Estate Planning and Probate Course; Dallas, 2003
Avoiding Sudden Death or at Least Temporary Incapacitation of your Case in Probate Court – Including Jurisdiction and Probate, speaker, Tarrant County Probate Bar Association Second Annual Probate Litigation Seminar, 2003
Probate Issues in a Personal Injury Case, speaker, Advanced Personal Injury Law Course, San Antonio, 2003
Probate Issues in a Personal Injury Case, speaker, Advanced Personal Injury Law Course, Houston, 2003
Probate Issues in a Personal Injury Case, speaker, Advanced Personal Injury Law Course, Dallas, 2003
State Bar of Texas – Texas Guardianship Manual, manual committee, 2003
Guardianship Certification Course for Ad Litem Appointments in Probate Court, speaker, South Texas Collage of Law, 2003
Victoria Area Estate Planning Counsel, Court Created Section 867 Trusts, speaker, 2002
State Bar of Texas Advanced Estate Planning and Probate Course, speaker, 2002
Wills & Probate Institute, University of Houston Law Foundation, advisory committee, 2002
Representing the Elderly Client, speaker, South Texas College of Law, 2002
Docket Call in Probate Courts Seminar, speaker, San Antonio Young Lawyers Association, 2002
The Role of The Ad Litem, speaker, Judge Rory Olsen’s Class on Chemical Dependency, 2001
University of Houston Law Center, Wills and Probate Institute Course, speaker, 2001
State Bar of Texas Advanced Estate Planning and Probate Course, course director, 2001
Texas Collection Manual – Third Edition: Probate and Guardianship Section, author, 2001
South Texas College of Law – Estate Planning & Probate – Creditor Claims, guest lecturer, 2001
Houston Bar Association – Family/Probate Bench Bar Conference, speaker/facilitator, 2000
Show Cause, Contempt, Surcharge, and Injunctive Actions, speaker/author, Texas College of Probate Judges, 2000
Anatomy of a Will, speaker/author, Tarrant County Bar Association – Probate Section, 2000
Ten Unanswered Questions in Probate, speaker/author, State Bar of Texas – Advanced Estate Planning and Probate, 2000
Legal Speaking, speaker, KSEV Radio Talk Show, 2000
Show Cause, Contempt, Surcharge, and Injunctive Actions, speaker, Disability and Elders Law Attorneys Association, 2000
How to Initiate a Guardianship, speaker, San Antonio Young Lawyers Association, 2000