Diane F. Walker

It is said that the most priceless asset an attorney can possess is experience. Diane Walker brings more than two decades of civil litigation experience to Staubus, Blankenship, Legere and Walker PLLC. Prior to joining the firm to focus primarily on probate and fiduciary litigation, she successfully represented both plaintiffs and defendants, representing business and corporate entities as well as individuals. She is proud to have been able to use her advocacy skills to obtain favorable results for her clients both at the trial court level and before the Courts of appeals and Texas Supreme Court. In the course of her career, Diane has either tried or settled a large number of substantial and complex cases involving wrongful death, catastrophic personal injury, medical malpractice, and a wide range of business torts and commercial and contract disputes. With her broad trial experience in both the state and federal courts and her exceptional writing ability, Diane has a talent for assessing what tactical steps are needed to move a case forward and also for determining when a case should be settled rather than tried.

Since joining Staubus, Blankenship, Legere and Walker PLLC to work in the firm’s litigation section, Diane has utilized her broad trial and appellate experience in representing the firm’s clients, leveraging her skills, creativity, and aggressive representation to produce results for Staubus, Blankenship, Legere and Walker PLLC clients. Diane also understands the importance of exploring settlements of each client’s dispute. “While every trial lawyer loves the courtroom, many times the client’s best interests are to settle and resolve cases at the earliest possible juncture, It is the rare client who loves the courtroom as much as we do.”

In the area of estate litigation, Diane has successfully prosecuted and defended will contests including complex multi-million dollar estates, as well as more moderate estates. In addition to will contests, Diane has handled related estate issues such as wrongful death claims, marital property claims, and the probate of foreign wills.

Diane has also pursued a variety of cases involving fiduciary litigation and trusts. “A trustee must put the beneficiary’s interests first, which seems like a simple principle, but there are so many lawsuits growing out of that basic duty.” Diane has defended corporate bank trustees and individual trustees against beneficiary claims, and has also represented numerous beneficiaries in asserting their rights to full information and for damages based on a trustee’s breach of fiduciary duty. Diane has g-guardianship trial experience, vigorously represents individuals in fighting off family members’ efforts to place them under a guardianship, as well as assisting families obtain a legal guardianship to protect a loved one from elder abuse, neglect or financial exploitation. “Many elderly people need help; the question is when do they need a legal guardianship?” These cases are very emotional, and often hotly contested, requiring strategic thinking and calm experience to bring about a successful result.

Diane prides herself in thinking of creative and innovative ways to pursue her client’s legal rights, but it is her attention to detail that sets her legal practice apart. “I tend to be a perfectionist and work toward the goal of always giving the court well-written, well-reasoned legal documents. I was a writer before I was a lawyer, and that never changes. Also, I never show up at a hearing without having tried to prepare every single detail that I think will be needed to give my client the best possible chance at a positive outcome.”

In addition to working hard in her legal practice, Diane is an avid fan of the local area sports teams, enjoys international travel, and is an active member of St. Andrew United Methodist Church in Plano, Texas.

In the pursuit of our clients' cases, we utilize recognized experts, including forensic psychiatrists, forensic accountants, hand-writings experts, and investigators.

Frequent Asked Questions

Estate planning is the arrangement of transferring a person’s assets and property after their death. The estate plan you create may consist of cars, homes, life insurance, assets, real estate, jewelry, and other types of personal property. When you create an estate plan, you must sign it in front of a notary public.

Even if you don’t have many assets, it’s still a good idea to create an estate plan, so that loved ones won’t argue over who gets what when you pass away. Your estate plan will ensure everything you own goes to specified parties and doesn’t end up in the wrong hands.

Typically, those with extensive or complex assets will hire an estate planning lawyer to help draft their will. Many use a will to divide personal property, such as a home, among their family members. When you’re preparing your will, you need to make sure you meet specific legal requirements. Having a witness present when you’re signing the documents is crucial.

Of course, it’s possible to draft a will on your own, especially if you don’t have significant assets to leave behind. However, hiring an estate planning lawyer can ensure that your documents comply with current law, and that everything gets divided among your family the way you want, so there’s no confusion.

A power of attorney is a legal document giving power to one person (an agent or attorney-in-fact) to act on your behalf if you become incapacitated. When you create a power of attorney, you can designate a specific person and decide how much authority they will have.

An attorney-in-fact would maintain records of all decisions made on your behalf. Some decisions could include recommending a guardian for dependents or minor children and financial decisions. They could also make decisions about healthcare.

If you allow your power of attorney the authority to stop, give, or withhold medical treatment, you can leave instructions on which services you want and don’t want, when to stop life-saving measures, and when to cease specific treatments.

It’s devastating to lose a loved one, and the last thing anyone wants to do is handle their affairs. However, you must ensure property and assets go to the right people, and everyone follows their final wishes.

The first thing you should do when your loved one passes away is to request a copy of a legal pronouncement of death. You should also notify close friends and family of their death. If necessary, arrange for the supervision of dependents or minor children. You’ll also be able to find instructions on how to move forward with their plans from their will or trust.

A trust is a document that places your assets into a trust fund to transfer to a beneficiary upon your death. Most people will create a trust to speed up the process of settling their estate. You can also protect your assets, reduce taxes, and prevent probate.

With a trust, you’re not only able to control who your assets go to but also how the money gets disbursed. This is especially beneficial if the person you’re leaving money to doesn’t know how to save and spend properly. You can create a payment schedule with a specified amount paid to them on a weekly or monthly basis, rather than as a lump sum.

What Our Clients Say

"I recently had the occasion to hire Mr. Staubus for a hotly contested Guardianship matter. Mr. Staubus brought a rare combination of effectiveness, reasonableness and understanding of the human element involved. Mr. Staubus handled all things in a calm, highly competent, effective and reasonable way. It could not have been as easy as he made it seem. He's a credit to the Bar."

Jody

"Without exception, the legal service, professional attitude, prompt communication of your firm and your legal knowledge is second to none. I only wish I had an attorney here in Boston that could hold a candle to your experience and expertise. Working with you has been a pleasure, but even more, has made me believe that there are knowledgeable attorneys that do care about doing a good job. Thank you Keith! You may not truly understand how much of an impact you are having on peoples lives, but for me, you have helped change my life. As I begin making my dreams come true I can't help but remember none of this would be possible without you."

Joann

"Keith Staubus and Julie Blankenship and their team represented me in a jury trial in the probate court where the ownership of the business which I had worked hard to build was at stake. They successfully fought to preserve my business and my professional reputation, working masterfully to gain the support of the jury. I would not hesitate to hire them again in any bet-the-company litigation.”

Karen

"After my husband's death, I was devastated by having to defend against a vicious dispute over my husband's estate. Julie Blankenship and Keith Staubus made me feel very comfortable in this distressing situation. They were very tough and did an excellent job for me in obtaining a summary judgment in my favor without a full jury trial. I was glad to have them and Diane Walker in my corner to help me achieve an excellent result - I won! If I ever had to go back to probate court, I would hire them again.” - (will and trust construction case)

Flo

"If you need intervention for someone you love but don't know where to turn or who to turn to, Julie Blankenship and Keith Staubus helped me through the most difficult and stressful time in my life with a much loved family member. I now believe that good will triumph over evil. They fought for what was right, and good prevailed." (contested guardianship and will contest)

Janet

What planning we can sue for?

When a loved one dies, and the execution of their estate plan begins, many disputes can arise among family members. Despite the decedent's creation of a good estate plan, problems can occur if a power of attorney doesn’t perform their duties or someone’s unhappy with the division and distribution of assets.

The most common disputes estate lawyers see include:

Bad fiduciary selection

A majority of disputes arise when the power of attorney, executor, or trustee doesn’t correctly perform their duties when their loved one dies. That failure is called a breach of fiduciary duty. Common breaches include:

Failure to file tax returns
Using assets for personal benefit
Failure to provide tax and accounting information to beneficiaries
Dividing and distributing assets improperly

To avoid these issues, you should ensure your loved one chooses the right fiduciary during the process of planning their estate. Careful selection can ensure there’s no breach of duty, and they act in the deceased’s best interest.

Will or Trust Contest

When someone contests a trust or will, it’s either because they don’t think it’s legally valid or believe someone influenced the creator into making decisions they didn’t want to make.

To be legal, the creator of the will must sign under specific circumstances and in a particular manner. In Texas, the person must meet the following requirements:

Be at least 18 years of age;
Be of sound mind, meaning they’re able to make decisions and understand the consequences of a will;
Sign the will themselves;
Signature of at least two witnesses; and
List at least one beneficiary.

Improper execution of a will is less common than undue influence. Many will argue that the creator of the trust or will made their decisions because of another party. The person accused of undue influence could be a friend, caregiver, professional advisor, or family member.

Distribution of property

Sometimes conflicts will arise when the creator of a will or trust intends to leave someone their property but dies before they can change their estate plan to reflect that decision. Other instances create conflicts when beneficiaries believe the distribution of property is unfair or inequitable.

How should I handle estate law disputes?

If you come across the disputes listed above or any other types of disputes, there are options for resolving them. The remedy you choose will depend on the particular conflict and the people involved.

Remove the executor: If there’s a problem with the executor of the estate, you might need to replace or remove them. Finding a replacement can be difficult, especially finding one that all parties are happy with. However, it’s the best decision to ensure everyone is satisfied with how the estate gets handled. The best choice would be a neutral third party who doesn’t hold any biases.
Litigation: To litigate a dispute, you must be an inheritor and have sufficient grounds for pursuing a lawsuit. Most people will litigate if they believe there was an improper distribution of the property or suffered a financial loss because someone mismanaged the estate.
Mediation: This is the best option for individuals who want to settle the issues amicably, timely, and inexpensively. Mediations usually bring about quick results and cost less than litigation. You also have complete control over the outcome because there isn’t a judge or jury involved.

The Firm

The attorneys at Staubus, Blankenship, Legere and Walker PLLC have over 100 years of combined experience in estate planning, probate, and litigation. We have the knowledge and skills to tackle complex legal issues, such as guardianships, will contests, fiduciary litigation, and trust litigation. We can also handle routine matters, such as estate administration, probating wills, heirship determinations, and other probate court matters.

Staubus, Blankenship, Legere and Walker PLLC received a preeminent AV rating from Martindale-Hubbell, which is the highest rating possible from a peer-rated legal service. This rating recognizes our hard work, dedication, and the case results we’re able to achieve.