Act Of Will
The Illinois Administrator has charged an attorney with creating a false will
Between approximately 2000 and 2011, Respondent represented John J. Waters (“Waters”) in various legal matters, including matters related to real estate owned by Waters. Waters held title to, or claimed possession of, more than a dozen parcels of real property situated throughout Illinois. During at least that same time period, Respondent also represented Paul Iverson (“Iverson”), a friend and business associate of Waters, in his own legal matters, including litigation and real estate matters.
On October 15, 2011, Waters died in Cook County, Illinois.
At the time Waters died, he was survived by three brothers, Daniel Waters, Gerald Waters, and Edmund Waters, and a sister, Marguerita Waters (“heirs to the Waters Estate”).
Prior to November 14, 2011, Respondent drafted the purported last will and testament of Waters, which was dated March 8, 2010 (“2010 will”). The 2010 will named Paul Iverson the executor of the Waters Estate and bequeathed all assets of the Waters Estate to Iverson.
Waters did not sign his 2011 will. Prior to November 14, 2011, Respondent, or someone acting at his direction, signed the purported signature of Waters to the 2010 will.
At all times alleged in this count, the purported 2010 will of Waters was false, and Respondent knew it was false, as Respondent either signed, or caused someone else to sign, the purported signature of Waters to that will.
Prior to November 14, 2011, at the request of Respondent, Alexander Gloeckler and Mohinder Rakalla signed a document attesting that they had witnessed Waters sign the purported 2010 will.
At all times alleged in this count, the attestation of Gloeckler and Rakalla…was false, and Respondent knew it was false, as Respondent knew that Waters did not sign the 2010 will, but he instructed Gloeckler and Rakalla to attest that they had witnessed Waters sign the will.
He also is charged with submitting false evidence, assisting criminal conduct, conflict of interest and failure to cooperate with the investigation. (Mike Frisch)