MI lawyer gets jail sentence for estate theft

  Richard McQuillan

Former Jackson County (MI) lawyer Richard McQuillan was recently sentenced to six to 10 years in prison for stealing more than $800,000 from the estate of Robert Howard, a now deceased client.  Prior to Howard's 2006 death, McQuillan says he served about 20 years as guardian for the mentally disabled World War II veteran.

Using the probate system or probate instruments (wills, trusts, guardianships, powers of attorney) to steal assets is a growing problem.  Many of these actions are fueled by a sense of entitlement, others by plain greed.  Sometimes, as with guardianships, the asset owner is alive, but a person can be posthumously victimized by probate theft through estate planning vehicles like a will or a trust.  These cases manifest themselves in a variety of configurations, but "players" usually include one or some combination of greedy attorneys, disgruntled family members and/or wannabe heirs.

That an attorney would so betray a long-standing client like Robert Howard is vile.  Kudos to Judge John McBain who imposed a sentence greater than the state sentencing guidelines explaining that "the guidelines did not adequately reflect the amount of money stolen — more than $800,000 — and McQuillan’s abuse of his position of trust."  McQuillan will serve at least six years in prison although Judge McBain reportedly told the defendant that if the law allowed it, he would go to prison for 10 years.

McQuillan claims he gave most of Howard's estate to people in the Dominican Republic.  Under the guise of wanting to help others, reports indicate the former lawyer admitted a "personality flaw" and said he "liked to think of himself as a hero."  Humility is not an attribute often associated with the legal industry and self-proclaimed hero status is a bit extreme even for a lawyer.  Nothing, however, changes the fact that Howard's money was not McQuillan's to bestow upon anyone except for Howard's designated heirs.   

The "heroics" of Richard McQuillan included denying Robert Howard's heirs their bequests.  In addition to the children of a deceased sister, Marilyn Jacob, Howard's other sister who also is an Alzheimer's patient, was to receive a portion of the estate.  In a statement read in court, Bernard Jacob, Marilyn's husband, wrote of how the inheritance could have gone toward his wife's $5,000-per-month care.  In addition to terming McQuillan's conduct as "unbelievable," Jacob said "His admitted actions have brought dishonor to the court and the entire legal community."

A January 2009 article quotes Jackson Police Chief Matt Heins as saying that part of the McQuillan investigation was to determine whether there were other victims.  While estate theft is a crime of opportunity, the targeting of only one estate over a period of decades seems rather unlikely.  Remember that these cases happen quietly as the asset owner is generally dead, disabled or incapacitated, legitimate heirs are not necessarily "in the loop" and court oversight is sometimes non-existent or other times lax especially due to "good ol' boy" legal networks.

For the questionable conduct associated with many probate case officials, Judge McBain sounds like a refreshing, competent and thorough individual.  The judge, however, is alone in expressing his outrage as this is another case about which the legal industry has again been silent. 

For every case of estate abuse that surfaces in the media, others happen with few people caring. Stealing from the dead -modern day grave robbing - is a heinous act that is about much more than just money, a fact this judge seems to understand.  As more of these cases are exposed, let's hope the judiciary will look to peers like Judge John McBain who has demonstrated respect for both the property rights of the dead and the inheritance rights of the living.