Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, March 31, 2009

Texas lawyer disbarred for probate misconduct

EvilThe following is a description of the conduct which caused an Irving, Texas lawyer to be disbarred on June 2, 2008:

An evidentiary panel of the District 6A-B2 Grievance Committee found that [attorney's] great uncle executed a will naming [him] as independent executor. The will provided that the independent executor would serve without compensation. On Oct. 9, 2002, [the] great uncle died. Although he was administratively suspended, [attorney], as independent executor, hired himself as attorney to represent the estate. The employment agreement provided [that he] would be paid a legal fee of one-third the estate value for legal services rendered. As attorney for the independent executor, [he]neglected probate of the estate by failing to file an inventory and appraisement until a show cause order was issued. On [his] advice, the estate invested funds with another client of [attorney] that owed [attorney] attorney’s fees. On Aug. 1, 2006, [he] was removed as independent executor. The court found the fee charged by [him] as attorney was unconscionable and grossly excessive.

See Disciplinary Actions, 72 Tex. B.J. 216, 216 (2009).


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