# Grace G. Kunde

[(830) 386-3805](tel:+18303863805) · [gkunde@thlg.law](mailto:gkunde@thlg.law) · https://www.linkedin.com/in/grace-kunde-4472791b0/

Living on a family dairy farm in Bexar County, my childhood days were spent enjoying fresh country air and quiet evenings. The rumble of the train and hum of hot rod engines making circle rounds on a country racetrack were pleasant sounds in the nighttime peacefulness. I understand the value of the family business requiring all hands on deck. Developing an entrepreneurial spirit at an early age, I sold my first baby calf on the phone at five years old according to my mother!

I worked my way through Texas Lutheran College, graduating in three years (back in the day when there were no college credits in high school). My “college tuition assistance” was working for a local small business in Seguin where I learned how to moisture test grain, calculate long haul driver’s tickets, and balance a checkbook without computer software. I took away from that experience a deep appreciation for the excitement, dynamics, and challenges in operating a family owned business.

I graduated from St. Mary’s Law School in 1990 (top 20% of my class wasn’t too bad for a small town country girl!). I was fortunate to start my legal career as a Briefing Attorney at the Fourth Court of Appeals in San Antonio, Texas. Reading court records from cases across 32 counties in South Texas gave me a unique insight into how a seemingly “simple” business or real estate transaction can turn into financially and emotionally consuming litigation for the real people involved.

I have been handling the legal needs of banks, small businesses, and individuals. My usual day at the office consists of drafting legal documents and advising banks on loans and customer related matters; business owners on their vendor and purchaser contracts; property owners on deeds, easements, and leases; and individuals on estate planning and probate.  My passion for real estate law led me to focus my practice on representing clients in real estate matters, so much so I became Board Certified in 2007 in Farm and Ranch Real Estate Law by the [Texas Board of Specialization](http://www.tbls.org/) (there are only 61 Texas attorneys who hold this certification). I aim to provide superior representation to my clients whether I am preparing a loan package for a bank, writing a contract for a business owner, preparing a will, or probating an estate.  I represent clients in legal matters throughout South Central Texas, including Guadalupe, Bexar, Comal, Kendall, Hays, Wilson, Atascosa, La Salle, Aransas, Nueces, and Dimmit Counties.

Weekends find me spending time with my son Wyatt and his wife Monica, my daughter Scarlett, and my grandchildren.

## Case Experience

### Avoiding Testimony in Probate of Spouse’s Will

Estate Planning and Probate

Successfully probated a client’s spouse’s Will by submission through properly prepared and filed documentation, allowing the matter to proceed without a hearing and helping the client avoid the emotional experience of testifying.

### Securing Inheritance from a Non-Self-Proved Will

Estate Planning and Probate

Successfully secured probate of a Will that was not self-proved under Texas law by obtaining deposition testimony from the Will’s witnesses, ensuring the client’s inheritance

### Probate After Statute of Limitations Expired

Estate Planning and Probate

Secured probate of a Will after expiration of the four years statute of limitation based on unique fact specific issues in the probate history, protecting the estate’s lien and enabling recovery of assets owed to the estate.

### Streamlining Multiple Heirship Proceedings

Estate Planning and Probate

Worked to save a client significant time and expense by obtaining affidavits identifying the decedents’ heirs, avoiding the need for five separate probate heirship proceedings.

### Time-Sensitive Probate to Prevent Foreclosure

Estate Planning and Probate

Successfully represented an heir in time sensitive probate of a Will, giving the client the opportunity to obtain financing to satisfy delinquent property taxes and prevent foreclosure on the property.

### Court-Supervised Dependent Probate

Estate Planning and Probate

Represented heir in a court-supervised dependent probate involving asset sales, estate accountings, and final distribution to heirs.

### Reducing Travel and Legal Costs for Probate

Estate Planning and Probate

Assisted a local client with probate of a parent’s estate in another county by coordinating experienced local co-counsel, reducing travel and legal costs.

### Resolution of Long-Delayed Estate Probate

Estate Planning and Probate

Represented an heir of estate where the Decedent had died 29 years prior to our firm’s engagement. The application to probate had been filed by other attorneys more than 25 years earlier. No further action had been taken to pursue the opening of the estate. The named appointed Independent Executor was physically and mentally unable to serve or to waive the right to serve. With our firm’s representation of the heir seeking to open the estate, the probate court appointed as executor of the estate the first alternate named in the Will. We guided our client and the independent executor through the administration of the estate to identify, locate, and notify heirs named in the Will as well as heirs of a beneficiary who had died after the decedent. Although this was an unusual probate in many respects, we successfully assisted our client in completing the probate so that land owned by the decedent could pass under the terms of the Will to our client and other heirs entitled to obtain their inheritance.

### Sale of Unimproved Land with Reserved Mineral Rights

Real Estate

Represented seller in negotiating contract for the sale of unimproved property. Seller reserved all minerals. Buyer paid Seller at signing of the contract a non-refundable fee to inspect the property. Seller was entitled to receive an additional non-refundable fee for Buyer’s extending the inspection period. Transaction successfully closed according to the contract.

### Establishing a Private Family Cemetery on Residential Property

Estate Planning and Probate

Successfully assisted a land owner in establishing a family cemetery on property owned by the client. Two family members were buried on the property. Dedication included restrictions on who could be buried in the cemetery, who had the right to authorize burials, and a permanent easement for access to the cemetery from the public road.

### Dual Probate &#038; Ranch Sale

Estate Planning and Probate

Represented family in probate of mother and brother’s estate and sale of family ranch of over 500 acres. Successfully probated two landowner’s wills concurrently in two separate counties in order to facilitate sale of family ranch by surviving heirs and owners. Negotiated the reservation of mineral rights, environmental waivers and other complex farm and ranch contractual terms in the sale.

### Out-of-State Buyer Purchase

Real Estate

Represented out-of-state buyer in purchase of residential property in Gonzales County. Successfully negotiated contract and exceptions to title in the purchase.

### Probate of Missing Will

Estate Planning and Probate

The deceased’s original will could not be located. Neither could a copy of the signed will. We filed an application for probate of a lost will and were able to prove the will had been executed and its contents. This allowed the executor to carry out the deceased’s wishes and avoided the estate passing under the intestacy laws of the state of Texas.

### Family Settlement Agreement

Estate Planning and Probate

Represented the surviving spouse of a Decedent in drafting and negotiating a family settlement agreement with other heirs who were named in Decedent’s will. The Will was poorly drafted and resulted in unintended consequences of leaving the surviving spouse with inadequate assets. Our firm was able to assist her in negotiating a family settlement agreement that worked around the will and resulted in her salvaging what could have been an extremely problematic and contentious probate.

### Estate Planning With Closely Held Business

Estate Planning and Probate

Drafted a Will allowing one beneficiary the option to purchase the other beneficiary’s interest in a single member limited liability company upon client’s death. The beneficiary with option to purchase participated in the daily operations of the family business.

### Estate Planning With Large Land Holdings

Estate Planning and Probate

Drafted Will for client granting specific parcels of large farm and ranch tracts to various individuals with detailed succession of interest in the event heir(s) predeceased client. Created easements across the various parcels for legal access from public roads to each tract.

### Rush Estate Plan

Estate Planning and Probate

Accommodated estate planning clients who were traveling out of the country by quickly drafting a comprehensive estate plan to provide clients security while away. Met with clients, drafted estate planning documents, and executed the documents within a weeks time period to accommodate their schedule.

### Eliminated Estate Tax

Estate Planning and Probate

Developed comprehensive estate plan for client with taxable estate. Using a family limited partnership and gifting program, client’s estate passed to family free of inheritance tax.

### Will for Dying Client

Estate Planning and Probate

Drafted last will and testament for dying client so client would not die intestate. As a result, client’s estate passed in an orderly and efficient manner under Texas’s independent probate system.

### Forming LLCs and other Entities

Business & Corporate

We have formed many, many, many entities for our for profit and non-profit clients. While a limited liability company (LLC) is often the business structure of choice, we have extensive experience in forming limited partnerships, corporations, professional entities, and joint ventures.

### Drafting and Reviewing Contracts

Business & Corporate

We draft and review many types of contracts for our clients, including purchase and sale contracts, independent contractor agreement, licensing agreements, construction contracts and subcontracts, among many others. Just like you we are running a business and we like to cut through the clutter and focus on what matters when negotiating and drafting contracts.

### Sale and Purchase of Businesses

Business & Corporate

We have represented sellers and buyers of all types of businesses, including an insurance agency, vehicle repair and service shop, body shop, feed store, self-storage facility, physical therapy practice, and many others. While we work hard to protect our client’s interests we do so by being mindful of business considerations and not over-lawyering a deal.

### Legacy Restrictions on Future Conveyances

Real Estate

Represented landowner in conveyance to family members of ranch land owned by client and client’s family for multiple generations. Drafted deed to children with restrictions on future conveyances. Family members have first option to purchase or acquire the land for specified number of years.

### Resort and Vacation Condominiums

Real Estate

Represented developer of complex resort and vacation detached site condominium projects including commercial buildings and amenities. Drafted condominium declaration and formed property owners’ associations for the projects.

### Farm and Ranch Sale

Real Estate

Represented seller of large farm and ranch tract for $3,500,000.00 including negotiating carve out parcel for water development.

### Commercial Condominium

Real Estate

Represented developer of single-building commercial condominium. Drafted condominium declaration and ancillary documents.

[Read Other Success Stories](https://thlg.law/case-studies)

## Have Questions?

Ready to discuss your case? Contact us today for seasoned legal support in farm real estate, mortgage, commercial lease, estate planning, probate administration, business, oil & gas matters, and more.

[(830) 386-3805](tel:+18303863805)

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