Heirs Cry Foul; Say Two Colorado Probate Lawyers Depleted Their Estates

Note: This article originally ran 1/26/14:

Four families with cases in Arapahoe County's probate court say that two attorneys involved in their estates should have disclosed a real estate investment they made together before charging the estates at least $400,000 in fees.

Colorado's disclosure requirements for attorneys generally do not extend to family members of clients, experts said. But the attorneys' joint investment concerned the district's chief judge enough that he issued an order in April that they could not be involved in the same estate cases without court approval.

Last week, the judge ordered one of the attorneys, court-appointed public administrator Tamra Palmer, to advise him of any cases since April in which she has participated with lawyer Jennifer Gormley. Palmer responded that there are four such cases but that she was appointed to each before the judge's April order.

Palmer and Gormley say they are precluded by confidentiality rules from discussing any probate cases. However, each has said they have no conflict of interest. Palmer has told the court the relationship did not influence her decisions and that she had no obligation to disclose her real estate investment with Gormley.

Cliff Battista, who was trustee of his father's estate, said Palmer testified to have him removed, then, on Gormley's recommendation, took his place as a court-appointed trustee. Both lawyers then billed the estate for their work on the case.

"I'm appalled that people have the audacity to do that to someone else," he said.

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Heirs Cry Foul, Say Two Probate Lawyers Depleted Their Estates