Kevin Spencer

Top rated Estate & Trust Litigation attorney in Dallas, Texas

Spencer, Johnson, Harvell & Spencer, PLLC
Kevin Spencer
Spencer, Johnson, Harvell & Spencer, PLLC

Practice areas: Estate & Trust Litigation, Estate Planning & Probate, General Litigation

Licensed in Texas since: 1993

Education: The University of South Dakota School of Law

Selected to Super Lawyers: 2011 - 2026 Selected to Rising Stars: 2004 - 2005, 2007
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Spencer, Johnson, Harvell & Spencer, PLLC

500 N. Akard Street
Suite 2150
Dallas, TX 75201 Visit website
Details

Kevin Spencer of Spencer, Johnson, Harvell, & Spencer, PLLC, since 1993, actively and full-time practices in the area of estate, trust, fiduciary litigation in the Dallas/Fort Worth Metroplex, including all counties contiguous to Dallas and Tarrant counties and all over the state of Texas. His litigation focus involves will contests, trust contests, lawsuits involving fiduciaries of all kinds, like executors, administrators, trustees, guardians, attorneys-in-fact, etc., for failing to fulfill their fiduciary duties and obligations. Estate and trust litigation captures multiple other areas of law, including but not limited to heirship disputes, oil & gas disputes, proving or defending against common-law spouse claims, evaluating and defending against creditor's claims, survivorship and Pay-On-Death beneficiary designations, survival and wrongful death claims, contract claims.

Kevin has been an AV* rated attorney (peer review rating) since 2003 and was selected as a Texas Super Lawyer in the area of Estate and Trust Litigation every year since 2011. Before that, he was named by Texas Monthly - SuperLawyers as a Rising Star in 2004-2005 and 2007 and was listed as one of Best Lawyers in Dallas Under 40  in a 2006 issue of D Magazine.

Kevin has written papers and given speeches at Continuing Legal Education Seminars and numerous state bar sections, including the Fiduciary Litigation CLE,  the Tarrant County Bar Probate Litigation Seminar, the Family Law Section of the State Bar of Texas. Recently, he was invited to speak on estate and trust litigation topics at the prestigious Hawai'i Tax Institute in 2024 (61st Annual) and 2025 (62nd Annual). He has authored a number of papers on estate and trust litigation matters, including being twice published in the Texas Tech School of Law Estate Planning and Community Property Law Journal, (1) Good Estate Planning Process: A Panacea for Litigation, 11 Tex. Tech Est. Plan. & Com. Prop. L.J. 137-150 (February 2019) and (2) Standing and Error Correction in Probate, Tex. Tech Est. Plan. & Com. Prop. L. J., Vol. 10, No. 1 (Summer 2018).

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

Practice areas

Estate & Trust Litigation, Estate Planning & Probate, General Litigation
  • 80% Estate & Trust Litigation
  • 10% Estate Planning & Probate
  • 10% General Litigation

First Admitted: 1993, Texas

Professional Webpage: http://www.dallasprobate.com/attorneys/richard-kevin-spencer...

Bar / Professional Activity

  • Texas State Bar, 1993
  • College of the State Bar of Texas - 2007, 2008 & 2009; Life Fellow - Dallas Association of Young Lawyers; Leadership Class - DAYL - 2002
  • New Mexico State Bar Association, 2024
  • Oklahoma State Bar Association, 2024
  • South Dakota State Bar Association, 2025

Special Licenses / Certifications

  • Certified Mediator, 2012
  • State Bar of South Dakota, 2025
  • State Bar of Oklahoma, 2024
  • State Bar of New Mexico, 2024
  • Certified Attorney Ad Litem for Guardianships

Pro bono / Community Service

  • Legal Services of North Texas; Dallas Volunteer Attorney Program

Honors

  • Texas Super Lawyer - Estate and Trust Litigation - Texas Monthly - 2011-Present, Texas Monthly, 2011
  • Martindale-Hubbell - AV Rating, Martindale.com, 2003
  • Best Lawyers in Dallas Under 40 - D-Magazine - May 2006, D Magazine, 2006
  • Life Fellow, Dallas Association of Young Lawyers
  • Texas Rising Star (Best Lawyers in Texas Under 40), Texas Monthly - 2004, 2005, 2007, Thomson Reuters, 2004
  • DAYL Leadership – Class of 2002, Dallas Association of Young Lawyers - Dallas Bar Association, 2002
  • President, Cistercian Preparatory School Alumni Association, 1998-2002, cistercian.org, 1998

Educational Background

  • University of South Dakota - School of Law - J.D., 1992
  • Austin College, B.A., 1989

Scholarly Lectures / Writings

  • Fort Worth, Texas - September 16, 2022, Speaker/Author, Privileged Communication: Protected & Confidential or Not, Tarrant County Bar Association, Legal, 2022
  • Authored a paper and gave a speech to estate planners and probate attorneys advising them of problems and traps we see planners get in, when they do not take notes, do not pay attention to detail and begin to think the process of executing a Will is routine and loses its importance to them., Speaker/Author, Estate (Planning) Litigation Pointers: A Litigator's Perspective, Collin County Probate Section, Legal, 2016
  • San Antonio, Texas - December 2, 2021, Speaker/Author, Exemplary Damages in Fiduciary Litigation, Fiduciary Litigation Seminar - State Bar of Texas, 2021
  • This is an article providing practice tips and pointers about creating a good estate planning process that will arm a scrivener to defend his or her work if a will contest ever arises., Author, Good Estate Planning Process: A Panacea for Litigation, 11 Tex. Tech Est. Plan & Com Prop. L.J. 137-150 (February 2019), Estate Planning; Estate Litigation, Litigation, 2019
  • An estate administration is a continuing series of decisions and events that affect later decisions and events. Texas law offers four mechanisms to correct error in decisions made to avoid the administration being steered off course. This article addresses those mechanisms and the elimination, by the Texas Supreme Court, of a fifth option that used to be available in probate, but now is not., Author, Standing and Error Correction in Probate, Tex. Tech Est. Plan & Com. Prop. L.J., Vol. 10, No. 1 (Summer 2018), 2018
  • I wrote and spoke on the difference between family law and probate law as it relates to children, particularly, the jurisdictional aspects in both types of courts and conservatorship versus guardianships over minors., Speaker/Author, (Family vs.) Probate Regarding Children, Advanced Family Law Course, State Bar Of Texas - Family Law Section, 2007
  • I wrote and spoke on the interplay of a trust in a divorce and how it affects "just and right" division of property., Speaker/Author, Divorce and Trust Litigation - Can you trust the Trust?, The TAFLS Trial Institute, State Bar Of Texas - Family Section, 2004
  • I wrote and spoke on the five methods of correcting error in probate and the reasons for correcting error, particularly, because probate matters are an ongoing and progressive process and errors in an early part of the process can affect and even have deleterious effect on the later parts of the process., Speaker/Author, Bill of Review and Error Correction in Probate, Probate Litigation Seminar, State Bar Of Texas - Probate Section, 2004
  • I wrote an article addressing certain probate issues that can affect a divorce, which need to be remember and considered in devising any divorce settlement or preparing for trial of a divorce., Author, Probate Issues Affecting Divorce Attorneys and their Clients., Family Law Forum, Texas Academy Of Family Law Specialists, 2002
  • I wrote and spoke on the basic aspects of probate and how it might affect the family practitioner., Speaker/Author, Probate: Dead or Alive, We will be Splitting the Estate and Other Cross Over Issues, Advanced Family Law Course, State Bar Of Texas - Family Section, 2002
  • I spoke regarding the topic of judicial notice, self-authentication and automatically authenticated evidence., Speaker, Self-Proving Evidence, How to Offer & Exclude Evidence Seminar, State Bar Of Texas - Litigation Section, 2001
  • I gave a speech to the practicing attorneys at Legal Services of North Texas explaining the basics of guardianships and the guardianship process, so they might be able to handle guardianships themselves., Speaker, Basic Guardianships, Legal Services of North Texas, 1996
Industry Groups:
  • Banking
  • Commercial
  • Individuals
  • Oil & Gas
  • Real Estate

Office location for Kevin Spencer

500 N. Akard Street
Suite 2150
Dallas, TX 75201

Phone: 214-965-9999

Selections

16 Years Super Lawyers
3 Years Rising Stars
  • Super Lawyers: 2011 - 2026
  • Rising Stars: 2004 - 2005, 2007

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