Ralph Haines Probate Litigation
Ralph Haines is described in this article as "West Virginia's top probate lawyer." I don't know whether or not that's an accurate characterization -- it's possible that the designation just makes it more effective when the article's author (Steve Korris) states that Mr. Haines "blew his own will."
Everyone loves a "cobbler's children have no shoes" story, but I'm not sure that this is such a story. The problem doesn't seem to involve a mistake in the drafting of the Will; rather, the problem is that the sole beneficiary of Mr. Haines' estate (his daughter, Linda) and the executor (Pamela Kimble, formerly Mr. Haines' secretary) didn't get along. (I will say that I have a question about why Linda Haines wasn't named as executor of the estate in the original Will, or why she wasn't at least given the power to replace an executor she didn't like.)
I encourage people to think carefully about the personalities involved when they select fiduciaries (agents under powers of attorney, guardians, executors, and trustees). Did Mr. Haines do a poor job of that? It's easy for us to say that, given that things didn't work out well -- presumably Mr. Haines didn't want "nearly a million dollars" from his estate to be spent on legal fees. However, it's often difficult to determine how friends and family members will act after your death. We have to approach these decisions thoughtfully, but with the realization that we can't know with 100% certainty how a fiduciary (or a beneficiary) will behave. Choosing fiduciaries is an art, not a science.
