Attorney Suspended For Lapses As Estate PR

An indefinite suspension was imposed by the Maryland Court of Appeals where the attorney mishandled obligations to an estate

Respondent failed to properly perform her duties as the personal representative of the Estate. A personal representative is under a general duty to settle and distribute the estate in accordance with the terms of the decedent’s will and the estates of decedents law, and do so expeditiously. Md. Code (1974, 2011 Repl. Vol.) § 7-101 of the Estates and Trusts Article. Section 6-303(a) of the Estates and Trusts Article provides that upon termination, a personal representative must perform acts necessary to protect property belonging to the estate while making timely delivery of the property to the successor representative. Here, Respondent’s failures to make proper Interim Account filings and appear at hearings hindered the distribution of the Estate. This conduct led to her termination and the appointment of a successor personal representative. Respondent’s unwillingness to turn over the Estate property to the successor personal representative, despite being held in civil contempt, has compounded the delay in the administration of the Estate. The findings of the hearing judge reflect Respondent’s failure to perform her duties as personal representative as prescribed by the Estates and Trust Article.

On sanction

Respondent exacerbated the situation by repeatedly failing to turn over the estate property to the successor personal representative, even after the Orphans’ Court found her to be in contempt and levied fines against her. Although there was no finding by the hearing judge that Respondent’s conduct was due to greed or dishonesty, that lack of a finding does not negate the seriousness of her misconduct.

Thus indefinite suspension. (Mike Frisch)