Planned giving –What you don’t know can hurt you

Sounds a bit dramatic, right? Almost all of the planned giving literature, publications, and blogs focus on “How to get and keep that big donor” or “What assets should be used and when”.

What you do not see is information designed to help planned giving departments avoid troublesome issues or when to be wary. In other words, what are the traps that can cause you a problem in the planned giving world? How do you minimize risk?
Areas of concern involve any family or business litigation (both before death and as the result of death), complicated family dynamics (think of the rogue son who is now the executor), capacity issues for the donor, complicated assets that do not translate to a planned gift easily, lack of assets, bad drafting and the most common problem area: Will and Trusts contests. All of these issues have one very common thread; very expensive legal bills. And that is something most planned giving departments cannot afford.

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Ellen P. Stewart, Partner
Barnes Lipscomb Stewart & Ott PLLC

Education:
Baylor University Law School JD 1996
Southwestern University BA Magna Cum Laude 1993

Professional Associations and Memberships:
State Bar of Texas, Member 1996 – present
State Bar of Texas, Real Estate, Probate and Trust Section
State Bar of Texas, Litigation Section
Texas Bar Foundation – Life Fellow Austin Bar Association
ABA Estate Planning and Probate Section (Board of Directors 2007-2013; Chair 2010-11; Chair-Elect 2009-10) ABA Litigation Section
Estate Planning Council of Central Texas Real Estate Probate & Trust Law Williamson County Bar Association Admitted – United States District Court for the Northern and Western Districts of Texas

Ellen’s practice areas range from estate planning, probate, fiduciary litigation to guardianship. She has a depth of litigation experience gained from her work representing clients in commercial and insurance litigation. Her practice encompasses all aspects of guardianship, estate/trust administration, representing executors, trustees, heirs and beneficiaries, and creditors, in routine estate administrations as well as complex and contested matters. Ellen has written and presented various CLE materials on probate estate administration and guardianship.

Away from the office, Ellen Stewart works pro bono with Family Eldercare and Volunteer Legal Services on projects involving estate planning, probate and guardianship. Her volunteer work also includes serving on the Texas Wellness Conference Planning Committee (2006), serving on the board of directors for the ABA Estate Planning and Probate Section. Outside of the legal community, Ellen works with college students at Southwestern University and Texas State University as an advisor. Ellen previously served as the local president of the Greater Austin Alumni Association of Southwestern University from 2007-09 and still participates in the local alumni events. Ellen and her family reside in north Austin, where her youngest child attends Murchison Middle School while her oldest attends Southwestern University. Ellen and her family are members of St. Theresa Catholic Church and former members of St. Thomas More Catholic Church.