A civil complaint has been filed against a Jackson attorney and former district attorney candidate charging improprieties in connection with the last will and testament and the administration of an estate of a deceased Washington County man.

Cheryl Weaver filed a "Complaint and objection to verified statement" against attorney Stuart C. DuBose in Washington County Circuit Court on May 5. Weaver, a Washington County resident, filed the suit individually and as executrix of the estate of Joseph L. Sullivan, in her capacity as sole beneficiary of Sullivan’s estate, according to his last will and testament.

The complaint, filed by attorneys Utopia Cassady of Daphne and Peter F. Burns of Mobile, is detailed below and gives only the plaintiff’s side of the argument.

Jim Roffler of Mobile is representing DuBose and said Tuesday that the complaint is a one-sided version of events and that a response will be filed within 30 days.

The 14-page document details that Joseph L. Sullivan was a "wealthy citizen of Washington County" who executed a will prepared by DuBose on April 11, 2003 and died in Mobile County on April 29.

Sullivan is described as a widower with no living children whom Weaver took care of as a "close bond developed" between the two. The document says that he stated numerous times that he wanted to pass his assets to her after his death.

The suit claims that DuBose had never met or had any contact with Sullivan but drafted a will designating Weaver as his sole beneficiary. The will named Weaver as executrix and DuBose as successor executor. The will also directed DuBose to do legal work related to the estate, including the preparation of estate tax returns.

Jim Roffler said Weaver told DuBose she needed a will prepared "in a hurry" and the attorney prepared it as she requested.

Sullivan apparently signed the will and shortly after his death, DuBose asked Weaver to meet with him at his office regarding the estate, the suit claimed. She signed a retainer agreement agreeing to pay for any investigation or lawsuit costs involving the estate. The agreement also said that DuBose would be paid 33 percent of any settlement obtained prior to the initiation of a lawsuit, or 40 percent of any settlement obtained after initiation of a lawsuit.

The will was filed for probate and Sullivan’s relatives filed suit contesting it. They suggested, among other things, that Sullivan wasn’t in his right mind and was on drugs, that Weaver obtained his signature through fraud or force and that she was "dominant and controlling" of him.

Early in 2004, a court motion named DuBose and Chatom attorney Mike Onderdonk as special co-administrators. A year later the will contest was settled and Weaver yielded part of her status as executrix, asking that DuBose be appointed co-executor. The court agreed to the request.

Roffler said DuBose represented Weaver in the will contest, taking the case on a contingency basis as many attorneys do, with a promise to be paid if her side prevailed.

"He did a wonderful job and of it wasn’t for his efforts she would have lost the will contest and would have received nothing," Roffler said.

The Weaver complaint details that DuBose filed a claim against the estate. He sought administrator’s fees and commission of $127,630 and attorney fees of 40 percent of all assets of the estate, which had been valued at $2,566,975 for estate tax return purposes but "which value is now substantially greater and a dollar amount is hereby claimed only as to liquid assets and conveyance of forty percent (40%) interest in all realty and all real estate improvements is hearby claimed." He also asked for "out of pocket administration expenses which are continuing to accrue."

Weaver objected, saying the claims were "unconscionable, excessive and not pursuant to any agreement between the two of them."

DuBose said the estate taxes were due and that the state would suffer financially if they were not promptly paid.

"DuBose, acting in his capacity as co-executor, made a payment to himself of $160,000 and a distribution to Weaver of $240,000," the complaint states.

The suit alleges that DuBose utilized his position as attorney and co-executor "to dominate and control Weaver." An example, according to the document, is the refusal of a court-appointed CPA, per instructions from DuBose, to provide Weaver or her counsel with estate documents. When she sought a copy of the complete file created and maintained by DuBose related to the matter, he refused to produce it until his 40 percent attorney fee claim was honored.

The suit acknowledges that "Weaver and DuBose are hopelessly deadlocked" and that DuBose has refused to take action that would be in the best interest of the estate—such as resigning. He has also refused to submit the fairness of his fee to an Alabama State Bar committee for resolution.

"DuBose is holding the estate hostage until and unless Weaver agrees to pay the fee demanded by DuBose," the suit states.

It is further alleged that DuBose’s improper actions are below the standard required of an attorney practicing law in Alabama and a violation of fiduciary duty.

Weaver disputes DuBose’s claim as "unconscionable and was not agree[d] to and is clearly excessive."

Roffler contends that Weaver prevailed in the case but now does not want to pay DuBose what was agreed to.

Four counts are detailed in the complaint, including breach of fiduciary duty, legal malpractice, misrepresentation and suppression and negligent administration of the estate. On each count, Weaver seeks compensatory and punitive damages "in an amount sufficient to compensate the plaintiff…and to punish DuBose…."

The plaintiff seeks a jury trial to resolve the matter.

According to the Washington County Circuit Court records, the case was assigned to Judge Thomas Baxter but Baxter has withdrawn, or recused, himself from hearing the case because DuBose is a frequent practicing attorney before him. The case automatically rolls over to the other circuit judge, Harold Crow, but he is expected to recuse himself also.

If and when that happens, Alabama Chief Justice Drayton Nabers will be called upon to appoint a circuit judge from outside of the First Judicial Circuit to hear the case.