Andrea L. Uresti Barr

Managing Attorney- Houston

Rated by Super Lawyers

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Andrea L. Uresti Barr launched and serves as Managing Attorney of RMO’s Houston office. A seasoned probate litigator, Andrea’s area of practice includes defending and prosecuting causes of action on behalf and against heirs, beneficiaries, fiduciaries, and creditors in probate, trust, guardianship, and power of attorney proceedings. Andrea also handles contested estate, probate, and trust administrations.

In the context of probate litigation, Andrea has experience handling several commercial real estate transactions (including acreage), commercial and dram shop liability litigation, equitable and statutory bill of review proceedings, and appeals.

Andrea defends wrongfully accused fiduciaries but also prosecutes fiduciaries who have abused their position, including experience handling several commercial real estate transactions (including acreage), commercial and dram shop liability litigation, equitable and statutory bill of review proceedings, and appeals. Andrea also has extensive experience pursuing and defending will contests and trust contests, including claims for incapacity, undue influence, financial elder abuse, fraud and forgery.

Andrea is from College Station, Texas, and moved to Houston, Texas in 1999. She graduated from University of Houston and University of Houston Law Center. While pursuing her law degree, she participated as a student attorney in the transactional clinic at the University of Houston Law Center where she formed entities and drafted agreements related to entity formation, liability, and employment. While serving as an intern appellate brief writer at the Harris County District Attorney’s Office, she filed five successful appellate briefs and created a new system with the Fourteenth and First Court of Appeals to retrieve records and evidence. She also served as Chief Articles Editor for the Houston and Business Tax Law Journal in 2012 to 2013 and was elected Editor of the Year for 2012 to 2013. She was a member of the University of Houston Law Center Moot Court Team as a brief writer. She received the Samson Memorial Animal Law Scholarship in 2012 to 2013.

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AWARDS & RECOGNITION

Texas Super Lawyers, Thomas Reuters, Rising Star, Estate & Trust Litigation Attorney, 2019-2023
Texas Monthly: The Top Women Attorneys in Texas, Texas Super Lawyers, Thomas Reuters, 2019-2023
Ones to Watch – Trusts and Estates & Litigation – Trusts and Estates, Best Lawyers, 2022-2024

COMMUNITY & PROFESSIONAL INVOLVEMENT

Member, Houston Bar Association, Probate Section
Member, Houston Association of Woman Attorneys
Member, Houston Young Lawyers Association
Member, Texas Young Lawyers Association
Vice President, Disability and Elder Law Attorneys Association
Membership Chair, Attorneys in Tax and Probate
Founding Member and Associate, Texas Probate Law American Inn of Court
Member, Provisors
Certified Guardianship Ad Litem Attorney, Current
Lifetime Fellow, Texas Bar Foundation
Member, State Bar of Texas, Real Estate, Probate, and Trust and Litigation Sections

EDUCATION

University of Houston Law Center
Juris Doctorate
University of Houston
Bachelor of Science, Psychology. magna cum laude

BAR ADMISSIONS

State Bar of Texas, Real Estate, Probate, and Trust and Litigation Sections
United States District Court for the Southern District of Texas

REPRESENTATIVE MATTERS

Secured a summary judgment on breach of contract and prompt payment claims for damages, penalty interest, and attorneys’ fees plus, separately, appellate attorneys’ fees, and successfully defended on appeal (Albertelli Constr., Inc. v. Ram Industries Acquisitions, LLC, No. 05-18-01529-CV (Tex. App.-Dallas May 15, 2020))
Represented former executor in ancillary proceeding and pursued enforcement of an arbitration provision contained in a will resulting in a published court of appeals opinion with dissent and subsequently, settled the $250,000 claim against her client for $3,000 (Ali v. Smith, 554 S.W.3d 755 (Tex. App.—Houston [14th Dist.] 2018, no pet.))
Successfully defended against $8 million dollar action for conspiracy, DTPA violations, theft, conversion, negligence, breach of contract, and breach of fiduciary duty by summary judgment in the Southern District of Texas resulting in dismissal of all claims and recovering $91,476.30 in attorneys’ fees and expenses
Drafted and successfully argued a motion for new trial on an equitable fee forfeiture proceeding
Secured transfer of cases related to a probate proceeding to statutory probate court
Drafted and argued jurisdiction briefing resulting in a statutory probate court finding the original county court lacked jurisdiction to enter certain orders under the Texas Estates Code
Successfully represented client in compelling estate accounting for 22-year period
Represented client in bill of review proceeding setting aside agreed judgment and family settlement and release agreement in probate proceeding
Drafted and argued special exceptions in fiduciary claim case resulting in dismissal of all claims against client
Negotiated a court-approved settlement of fiduciary claims valued at $250,000 against former independent executor client for $3,000
Acted as second chair on two-week trial defending claims against former agent under statutory durable power of attorney and independent executor, including voir dire, direct examination, and drafting all pre-trial and trial materials
Identified and secured necessary evidence prior to an alcohol provider’s server’s deposition in a wrongful death proceeding resulting in testimony showing the Safe Harbor Defense is unavailable as a matter of law
Negotiated several purchases of acreage for series limited liability companies including easement agreements, mineral rights, and private road(s)
Successfully examined accounting expert in fiduciary litigation to identify improper basis, ipse dixit, and to limit testimony at trial
Represented companies and private individuals in royalty disputes
Secured abatement of a sanctions order until motion for reconsideration was heard

SPEAKING ENGAGEMENTS

How to Uphold Ethical Standards, How to Administer an Estate, National Business Institute, 2021
How to Think Like a Firm, University of Houston Law Center, Ladies’ Alliance of Recent Alumnae, 2021
Written Discovery, Houston Association of Legal Professionals CLE, 2021
Lunch with a Lawyer, University of Houston Law Center, 2021
Newly Admitted Students Welcome Reception, University of Houston Law Center, 2021
Drafting Written Discovery and Amendments to Texas Rules of Civil Procedure, Fort Bend Law Library Attorney Lectures Series, 2021
Drafting Written Discovery, Johnson County Bar Association, 2021
Legal Ethics, Trusts from A to Z, National Business Institute, 2021
Social Media Initiative and Membership Recruitment of Target Demographics, Real Estate Probate and Trust Law (REPTL) Section, 2021
Leadership Academy Presentation, Texas State Bar, 2021
Drafting Written Discovery for Probate, Texas Probate Study Group, 2021
Civil Trial Case Presentation, National Business Institute, 2021
Attorneys’ Fees, Texas Probate Law American Inn of Court, 2021
Attorneys’ Fees in Contested and Uncontested Fiduciary Matters, Attorneys Tax and Probate, 2022
How to Get Paid, Intermediate Estate Planning and Probate, Texas State Bar, 2022

ANDREA IN THE NEWS

RMO LLP Continues National Probate Litigation Expansion; Adds Andrea Uresti Barr and Houston Office

Probate litigation law firm RMO LLP announced today it has expanded its probate litigation offerings into the Lone Star State through the addition of seasoned probate dispute attorney Andrea L. Uresti Barr who will lead its new Houston office.

FOUR CALIFORNIA AND TEXAS RMO ATTORNEYS NAMED “RISING STARS”

published in PRNewswire

Increasingly, when families, institutional trustees, professional fiduciaries and charitable beneficiaries find themselves embroiled in a will or trust dispute they turn to national probate litigation law firm RMO LLP…