Several longtime North Dakota families have lost more than $1.25 million from estate assets due to the activities of two lawyers (Burke County States Attorney Richard Wilkes and Garrison attorney Douglas Sletten)in cases prosecuted within the last five years.

It seems state officials have their blindfolds on and are facing in a direction opposite to what is needed here. You can't stop the thefts - which seems to be the only objective of HB1207 - but you can stop the loss to victims, and the bill addresses both issues. The state needs to provide a lot more protection for the elderly and their families on this issue.

The provisions of the bill have two main considerations:lack of oversight and restitution to victims.

Lack of oversight:

1) An attorney should be prohibited from serving as both personal representative and attorney for the same estate (the only provision in HB1207).

2) The software package currently used to provide oversight of attorney trust accounts should also be used to provide oversight for accounts set up for estate settlement activities. The state needs to hire an accountant to monitor account entries.

3) Banks or financial institutions should be required to file with the state a listing of the deceased's assets and their value at the time of death.

4) Monthly bank statements should be sent to major heirs of estate accounts.

5) A lot more monitoring is needed in the annual license renewal process.

6)The UNDLaw School needs a new legal ethics class.

Restitution to victims:

Attorneys handling estate assets - the life savings of people - should be required to be bonded for the full value of the estate. If such a product is not commercially available, the state needs to provide the necessary entity.

Elderly people need more protection.