An elderly woman claims she had to go back to work at age 79, after her husband’s lawyer did not prepare “appropriate estate planning documents.” In her petition in Constance Lou Cole, Individually and as an Independent Executrix and Personal Representative of the Estate of Kenneth H. Cole v. Glass Phillips & Murray, Constance Lou Cole alleges that she is a former client of Dallas firm Glass, Phillips & Murray and its partner Erny G. Simmons.
She alleges Simmons failed “to effectuate … the clear intent” of her husband, who died in 2010. In her Oct. 24 petition in 193rd District Court in Dallas County, she brings causes of action for negligence and negligent misrepresentation.
Troy Phillips, the managing partner of Glass, Phillips, says the firm has not yet been served with the petition but he denies the allegations, saying the matter was handled properly and the plaintiff is a “disgruntled” beneficiary.
Cole seeks damages and alleges that, in addition to returning to work, she has been forced to sell assets, including her 400-piece collection of Depression glass. Simmons declines comment. Doug Perrin of The Perrin Law Firm in Dallas, who represents Cole, did not return a call seeking comment.