Overview

Stacy Kelly is a private wealth services attorney in Holland & Knight's Houston office. Ms. Kelly is a litigator and experienced trial lawyer who represents individuals, families, charities, financial institutions, trustees, administrators, executors, beneficiaries and guardians in litigation concerning trusts, wills, gifts, estates, breach of fiduciary duty matters, elder abuse allegations and guardianships. Her practice also includes probate administration, heirship proceedings and guardianship matters. Ms. Kelly is a certified attorney ad litem and guardian ad litem for the probate courts.

Ms. Kelly is an experienced estate litigator, has handled high-profile estate contests and fully understands the complicated issues that surround estate litigation. With an intimate knowledge of the Texas probate court system, Ms. Kelly has represented parties in a broad range of litigated estate matters, including heirship proceedings, contested accountings, disputes over business succession, gifts, competency and undue influence concerns in probate contests, simultaneous death issues, and a spousal right of election.

In addition, Ms. Kelly handles matters involving breach of contract, suits to quiet title, Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), fraud, adverse possession, personal injury, wrongful death and appeals, including as a lead counsel before the U.S. Supreme Court in 2008.

Prior to joining Holland & Knight, Ms. Kelly was an attorney for a boutique probate law firm in Houston.

Experience

Appeals

  • In the Guardianship of Sterling R. Macer, Sr. An Incapacitated Person, 558 S.W.3d 222 (Tex.App. Houston 14th Dist. 2018)
  • Sheshtawy v. Gray, 697 Fed.Appx. 380 (5th Cir. 2017)
  • Campbell v. Amanda Mabry, Individually and as Independent Executor of the Estate of Austin R. Duffy, Deceased, 457 S.W.3d 173 (Tex.App. Houston 14th Dist. 2014) 
  • Kennedy v. Plan Adm'r for DuPont Sav. And Inv. Plan, 555 U.S. 285, 129 S. Ct. 865 (2009)
  • Pruett v. Harris County Bail Bond Bd., 593 F.Supp.2d 944 (US Dist. Ct. S.D. Texas Houston Division Nov. 13, 2008)
  • Pruett v. Harris County Bail Bond Bd., 249 S.W.3d 447 (Tex. 2008)
  • In re Estate of LaFrance, 2007 Tex. App. LEXIS 8176 (Tex. App. Houston 14th Dist. Oct. 11, 2007)
  • Pruett v. Harris County Bail Bond Bd., 499 F.3d 403 (5th Cir. Tex. 2007)
  • Pruett v. Harris County Bail Bond Bd., 489 F.3d 217 (5th Cir. Tex. 2007)
  • Kennedy v. Plan Adm'r for DuPont Sav. And Inv. Plan, 497 F.3d 426 (5th Cir. Tex. 2007)
  • In re Van Brookshire, 2006 Tex. App. LEXIS 8257 (Tex. App. Houston 1st Dist. Sept. 21, 2006)
  • United States Fire Ins. Co. v. Gnade, 2005 Tex. App. LEXIS 1825 (Tex. App. Waco Mar. 9, 2005)
  • Kennedy v. E.I. DuPont De Nemours & Co., 2005 U.S. Dist. Ct., LEXIS 46246 (E.D. Tex. Beaumont Mar. 2, 2005) 
  • Garton v. Rockett 190 S.W.3d 139 (Tex. App. – Houston [1st Dist.] 2005, no pet.)
  • Kubosh v. State 177 S.W.3d 156 (Tex. App. – Houston [1st Dist.] 2005, pet. denied)
  • Martin v. Palmer, 1 S.W.3d 875 (Tex. App. – Houston [1st Dist.] 1999, pet denied)
  • Peterson v. Mayse, 993 S.W.2d 217 (Tex. App. – Tyler 1999, writ denied)

Credentials

Education
  • South Texas College of Law, J.D.
  • The University of Texas at Austin, B.S., Communication and Media Studies
Bar Admissions/Licenses
  • Oregon
  • Texas
  • Washington
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • All U.S. District Courts in Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • All State Courts in Texas
  • All State Courts in Oregon
  • All State Courts in Washington
Memberships
  • American Bar Association (ABA), Section of Litigation
  • ABA, Section of Real Property, Trust and Estate Law
  • ABA, Tort Trial & Insurance Practice, Animal Law Committee
  • ABA, Former Newsletter Associate Editor and Committee Member
  • State Bar of Texas, Litigation Section
  • State Bar of Texas, Real Estate, Probate & Trust Law Section
  • State Bar of Texas, Appellate Section
  • State Bar of Texas, Animal Law Section
  • Houston Bar Association, Litigation Section
  • Washington State Bar Association State Bar of Washington, Litigation Section
  • Washington State Bar Association State Bar of Washington, Real Property Probate and Trust Section
     
Honors & Awards
  • Best Team, Leroy Jeffers Memorial Moot Court Competition
  • Phi Delta Phi

Publications

Speaking Engagements