Probate, trust and guardianship litigation

Mr. Wilmoth focuses on high-stakes probate, guardianship and trust litigation. He also accepts appointments as administrator, guardian, or receiver in complex estate litigation and is available to serve as mediator or special judge.

As a statutory probate judge, Mr. Wilmoth presided over probate, guardianship and trust matters, including over 6000 hearings and trials. The court oversaw the management of over $300 million in estate assets and monitored over 1200 open and active guardianships.Upon taking office, Judge Wilmoth adopted policies and practices designed to make it easier for families to get the authority they need to administer estates and take care of incapacitated loved ones. For example, court staff conducted pre-hearing reviews of uncontested probate and guardianship applications to alert attorneys to items that need to be addressed before coming to court. This policy reduced the number of trips parties and counsel take to the court, thereby reducing the expense of going to probate court. This change reflected a philosophic shift that emphasized "customer service" in all interactions with the public.In January 2011, official records showed the court had over 5000 open guardianship cases. By the time he left office, court records accurately reported the court's guardianship caseload and numerous wards who had fallen off the radar were back in compliance. In some cases, new guardians have been appointed for wards still in need of help; in other cases, wards have seen their civil rights restored. As a result of this undertaking, the court is better positioned to address the challenges posed by Dallas County's rapidly growing elderly population.Judge Wilmoth adopted reforms designed to improve the fairness of the appointments process and the diversity of the probate bar. He regularly advises lawyers beginning careers in probate and serves as an unofficial mentor to the DAYL Elder Law Committee.Mr. Wilmoth is a lifetime member of the National College of Probate Judges and serves on the faculty of the Texas College of Probate Judges. He regularly speaks to the legal bar and community organizations about probate and guardianship issues.

Complex litigation practice with broad experience in bankruptcy, oil and gas trade secrets and probate-related matters.Represented major mining company in complex chapter 11 reorganization.Member of a trial team that won the largest ever unreversed fraudulent transfer judgment. Responsible at trial for exhibits and daily summaries of testimony. Drafted numerous pleadings, including extensive research into fraudulent transfer remedies. Helped coordinate production and review of 2.7 million pages of discovery. Drafted extensive findings and conclusions in support of $38 million environmental settlement, which were adopted verbatim by bankruptcy court. Settled over $7 million in workers compensation claims under Tennessee law.Negotiated settlement with Montana workers compensation funds. Other representations in state and federal courtFirst-chaired -- and won -- section 1983 excessive force case.Will contest and related proceedings in probate court.Represented oil and gas exploration companies seeking to protect trade secrets from misappropriation and provided advice on international exploration contracts. Represented commercial clients in employment discrimination defense, employee raiding, insurance claims, contract disputes, tax subpoenas, and securities lawsuits. Obtained favorable settlement in civil rights lawsuit based on alleged police brutality.On pro bono basis, helped nonparent relatives obtain managing conservatorship of minor children, drafted wills and living wills for elderly clients, advised clients regarding handling of probate estates, and provided corporate governance advice to nonprofit agency serving AIDS patients.

Law Clerk to the Honorable Jorge A. Solis, United States District Judge. Drafted orders and memorandum opinions in cases involving § 1983, Title VII, ADEA, ERISA, PACA, Lanham Act, securities law, immigration law, ethics, HUD's MAP program, and other civil disputes.

Legal research and briefing support in litigation involving viatical schemes.

Summer intern focusing on litigation and real estate transactions.

J.D., magna cum laude, Order of the Coif, May 2002, 3.6 GPASMU Law Review Association -

Drafted memoranda and pleadings for discovery and other pretrial matters in cases attacking fraudulent schemes aimed at the elderly.

Edited petroleum reserves reports and quarterly newsletter.