In re Williamson

This is an original attorney discipline proceeding filed by the Disciplinary Administrator against respondent Walter C. Williamson, an attorney licensed to practice law in Kansas, whose last registration address is in Wichita. A formal complaint alleging breach of fiduciary duty and failure to cooperate in the disciplinary investigation was filed against respondent. A hearing on the complaint was held by a hearing panel of the Kansas Board for the Discipline of Attorneys on January 17, 1996. Respondent appeared pro se and was allowed to file an answer out of time. The report, findings, and recommendations of the panel were filed with the Kansas Supreme Court on March 5, 1996. Respondent did not file exceptions to the facts as determined by the hearing panel. The facts as determined by the hearing panel are that on July 26, 1982, a petition for probate of will was filed in the estate of Anita Williamson. In the petition it was requested that respondent be appointed executor of the estate. On August 24, 1982, the will in the Anita Williamson estate was admitted to probate, and respondent was appointed executor of the estate. Respondent was not required to post a bond. Richard Williamson, a son; Sarah Snow, a granddaughter; and respondent, a grandson, were the sole heirs in the Anita Williamson estate. Richard Williamson died in June 1993. Thomas Scott Williamson and Shari Nichols are heirs and legatees of Richard Williamson. On September 16, 1993, approximately 11 years after respondent had been appointed executor of the estate, Thomas Williamson and Shari Nichols filed a verified petition to remove Walter C. Williamson as executor and to appoint