Where There’s No Will

The Indiana Supreme Court has imposed an 120-day suspension of an attorney who had created a forged will but then promptly acknowledged the misconduct and made efforts to undo its effects

Respondent has employed “Paralegal” for about 40 years. In 2017, Paralegal’s “Son” went through a contentious divorce that led to Son’s estrangement from his two daughters, who are now both adults. After Son died intestate in April 2024, Paralegal created a forged will, purportedly executed on September 18, 2023, that sought to disinherit Son’s two daughters and make Paralegal the devisee and personal representative of the estate. Respondent and another person signed the will as witnesses. Respondent signed the will despite knowing it was not properly executed. Respondent submitted the will for probate and opened an estate in May 2024. At the same time, he filed a Trial Rule 87 affidavit falsely averring the submitted will was a true and accurate copy of Son’s last will and testament.

Less than a week later though, Respondent filed a motion to set aside the will and adjudge that Son died intestate, acknowledging that the submitted will was unduly executed. The following day, Respondent self-reported his misconduct to the Commission. In the following months, Respondent covered Son’s funeral expenses and paid claims against the estate with his own funds, and he took steps to ensure that the estate’s limited assets were properly delivered to Son’s two daughters.

(Mike Frisch)