Probate Judge Named as Beneficiary of Ward’s Will

Kevin Krause & Brandon Formby, Piece of estate left to those paid to guard it, Dallas Morning News, Nov. 12, 2006, report that:

By all accounts, the sisters in their 90s were no longer able to look after each other or their $824,766 joint estate. Mildred Erle Veatch began to show signs of senility and delirium in 2001. Her sister, Helen, was in worse condition and would die later that year.

Their doctor notified Denton County’s probate court that neither sister was able to manage her assets anymore. There were no other relatives to help.

Probate Court Judge Don Windle immediately placed both sisters under court-appointed guardianships, moved them to a Denton nursing home and restricted access to them. By early 2002, Mildred Veatch was rewriting her will – which had not been updated since 1960 – with the help of her court-appointed guardian and attorney.

When Erle, as she was known to friends, died this summer at age 95, the rewritten will was opened and contained a few surprises. Among the 10 beneficiaries were:

•  Judge Windle, who was to receive $50,000.

•  Beverly McClure, the court-appointed guardian of Ms. Veatch and Judge Windle’s ex-wife and court investigator, who was to receive $100,000.

•  Duane Coker, a court-appointed attorney who represented Ms. Veatch’s interests, who was to receive $50,000.

•  Roy Anderson, Judge Windle’s personal accountant, friend and court-appointed guardian of the Veatch estate, who was to receive $50,000. * * *

Darlene Payne Smith, an experienced Houston probate lawyer, said she isn’t aware of any legal prohibition against accepting the money. But that doesn’t mean someone in that situation should accept it, she said.

Judge Windle has already given up any claim to the money and other beneficiaries may follow suit.

Special thanks to Joan Bui for bringing this situation to my attention.