Americans are generally reluctant to discuss personal financial issues. In many ways, keeping this information private is often a good idea, but there are situations where close family members, and even spouses, are not completely aware of an individual’s assets and debts. Once someone has died, the administration of their estate or trust clearly identifies property that is to be passed on to the decedent’s beneficiaries. Unfortunately, it might be difficult to discern if they received less than they should have as a result of legal malpractice. 

A lawsuit alleges that a Lexington estate planning attorney misappropriated millions of dollars from his clients. The allegations have triggered one of the largest legal practice fraud investigations in Kentucky’s history. According to the accusations, Delmon Lyle McQuinn’s actions might have affected more than 3,000 people. McQuinn died by suicide on March 18, 2025, shortly after the accusations surfaced.

The complaint of 79-year-old Linda Helton claims that McQuinn wrongly diverted millions of dollars from assets owned by her deceased husband. When her attorney reviewed the facts, he says that the discovered a widespread pattern of deception that included fraudulent wills and trusts. Potential forms of misconduct in the McQuinn matter include breach of fiduciary duty, fraud, forgery, theft by deception, intentional infliction of emotional distress and elder abuse.

While not every instance of estate planning malpractice has the dramatic scope of the McQuinn case, a lawyer’s failure to meet professional standards can have a devastating effect on a victim’s family. Even if an attorney is merely careless, rather than dishonest, serious problems might arise. Failure to conform with legal requirements or address concerns about incapacity could lead to the invalidation of testamentary documents. Errors involving commingled accounts or lost papers can also result in squandered funds or unnecessary litigation. 

When lawyers seek to divert client funds for themselves, it can be difficult to identify the misconduct. From the moment you suspect that something might be amiss, you should reach out to a qualified attorney who can assess the situation and investigate whether any improper activity took place. In the meantime, you can request an accounting of trust assets and transactions, as well as any records involving funds under the lawyer’s control. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

The coronavirus has swept through Kentucky and Ohio just as it has the rest of the nation. As the number of confirmed COVID-19 cases has risen, along with the death toll, more people may be thinking about long-term medical care and how their assets will be distributed if they pass away. The quarantine period is perhaps a good time to get the right estate planning documents in place to express your wishes and instructions should something happen to you.

If you’re interested in creating or modifying your estate plan during the COVID-19 pandemic, these actions are worth considering:

  • Get a living will in place — A living will, also known as an advance directive, lets you explain your wishes regarding life-prolonging measures to be taken in defined circumstances. You can also name a health care surrogate (in Kentucky) or health care power of attorney (in Ohio) who will make decisions for you if you cannot make them for yourself.
  • Create a power of attorney — Giving someone power of attorney allows that person to pay your bills and otherwise manage your financial affairs in case COVID-19 or any other health issue leaves you unable to do so.
  • Review beneficiaries — Certain assets, such as bank accounts, IRAs, 401ks and insurance proceeds, are distributed to named beneficiaries in set circumstances. It’s important to review the account documents to make sure the beneficiaries you’ve listed are still the ones you want to receive funds.
  • Create a will or trust — Wills are the foundation of most estate plans, making sure that your property passes to your intended beneficiaries. Trusts can be used to manage and transfer assets during your lifetime and after death.

Most estate planning attorneys, including ours, are currently working remotely to maintain social distancing and keep clients and staff safe. We can have discussions on a video conference or over the phone. Documents can be emailed or sent through a delivery service so you can review and sign them without having to come to an office. In addition, Kentucky and Ohio are both on the list of states that allow wills and trusts to be notarized remotely, using electronic instead of in-person signing and attestation.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.