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Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate

Estate planning“In Kankonde v. Mankan, an attorney appealed he entry of an arbitration award on behalf of his clients, a doctor and his practice.”

After the attorney withdrew, the wife of the deceased doctor filed an appellant’s brief. The Court of appeals struck the brief and dismissed the appeal finding that a non-attorney cannot represent an estate. 

The court held that “a pro se litigant who is not an attorney cannot file pleadings on behalf of an estate or corporation…”

“In order to prosecute proceedings and make valid filings in this Court, the Estate and the Corporation must be represented by a licensed attorney. We have provided Appellants with the opportunity to obtain counsel. As of this date, Appellants remain unrepresented. Because the Estate and the Corporation have not obtained counsel despite notice from this Court via order that counsel was required, we will dismiss this appeal.”

See David Fowler Johnson, Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate, Texas Fiduciary Litigator (Winstead), November 1, 2020. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.