March 8, 2013
There Was A Will
The Kansas Supreme Court imposed a one-year suspension of an attorney for misconduct in a probate matter.
The attorney had a copy of the decedent's will. He nonetheless filed a pleading that claimed no will existed, engaged in ex parte communication with the judge and failed to serve the pleading on counsel for the beneficiaries.
The matter came to light based on publication in a newspaper that was seen by the beneficiaries. They retained new counsel, who contacted the attorney.
The attorney contended that the will was not genuine (he had a handwriting analysis to that effect) and refused to correct the pleading. (Mike Frisch)
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