Court Affirms Attorney's Conviction and 45-Year Sentence for Role in Looting Estate

A Texas appeals court affirms an attorney's conviction and 45-year sentence for his role in assisting an estate's executor deplete the estate by more than $500,000, finding that whether the attorney had a fiduciary duty toward the estate is irrelevant. Kaufman v. State (Tex. App., 13th Distr., No. 13-06-00653-CR, May 29, 2008).

Arthur Carothers left detailed instructions regarding how his estate was to be distributed in the event of his incapacity or death. Mr. Carothers named accountant Andrew Huffmeyer as the executor of his estate, attorney-in-fact and trustee. After Mr. Carothers became incapacitated, Mr. Huffmeyer hired attorney Colin Kaufman to assist him in carrying out his obligations toward Mr. Carothers and his estate.

Over a period of 16 months, Mr. Huffmeyer and Mr. Kaufman depleted the estate by more than $500,000 due to the charging of legal and other fees. In one instance, Mr. Kaufman charged Mr. Carothers' estate more than $7,000 to attend Mr. Carothers' funeral -- a funeral that Mr. Carothers directed was not to be held. Mr. Huffmeyer was replaced as trustee and he and Mr. Kaufman were indicted for felony theft and misappropriating estate assets. Prior to trial, Mr. Huffmeyer accepted a plea deal and agreed to testify against Mr. Kaufman. Mr. Kaufman was subsequently convicted and sentenced to 45 years imprisonment.

Mr. Kaufman appealed, arguing that the evidence was insufficient to prove that he held property as a fiduciary as required to be convicted as a principal under the relevant statute.

The Texas Court of Appeals affirms, finding that because Mr. Kaufman was convicted as a party assisting in Mr. Huffmeyer's crime and not as the principal, it was not necessary for the state to establish that he had a fiduciary duty toward the estate's assets.

For the full text of this decision, go to: https://www.13thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=16807.

Did you know that the ElderLawAnswers database now contains summaries of more than 1,200 fully searchable elder law decisions dating back to 1993? To search the database, click here.