Theresa Eilers focuses her practice on trusts and estates, as well as related tax issues and tax and probate controversies. Her practice includes estate planning, probate and trust law, general business law, appellate law and litigation support. Theresa has extensive experience with the legal problems and issues of tax-exempt organizations, including formation and tax-exempt status, charitable contributions, unrelated business income, private inurement and director liability. In the area of private inurement, Theresa advises clients on issues concerning employee compensation, as well as issues raised in business ventures between tax-exempt and taxable entities. Additionally, Theresa has developed significant experience assisting with usury and lender liability issues, and routinely participates with appellate teams on trust and estate and other issues.

Estate Planning & Probate 

Theresa’s experience in this area includes:

  • Forming exempt organizations and obtaining tax-exempt status.
  • Counseling charitable organizations as well as 501(c)(6) and 501(c)(3) organizations on a range of issues including unrelated business issues, private inurement and issues under Texas Charitable Trust law.
  • Advising clients about charitable gifts.
  • Assisting clients with estate planning and the preparation of wills, trusts, providing counsel related to limited liability companies and limited partnerships, and assisting with probate and probate controversies.


Theresa has authored successful appellate briefs in various cases and class-action cases including choice of law, trust and probate issues.


  • Austin Bar Association