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TEL:1-214-941-8144 Sep 02 94
Dallas Mornilnco News S tue ,
Lawyer accuse 6f misusing
funds from estate is disbarred
By Tracy Everbach
'4a01 WriterofJ The Dsa Morng News
A lawyer accused of misusing
more than $65,000 from the estate of
a slain physician has been barred
from practicing law in Texas.
After a trial Monday, a judge
ruled that Mark William "Bill" Nel-
son violated State Bar of Texas rules
by defrauding the estate of Dallas'
pediatrician Robert Huse. Mr. Nel-
son had been named executor of
the estate.
State District Judge Michael
O'Neill granted the bar's request to
disbar Mr; Nelson and awarded the
state bar $20,000 in attorney's fees
from Mr. Nelson
Don Matson, a lawyer who is ex,
ecutive director of AIDS Services of
Dallas, said ,the disbarment was
"one: of.the goals we wanted all
along."
AIDS Services, which provides
using for people with AIDS, was
named by Dr. Huse as a beneficiary
of his $150,000 estate. The pediatri.
clan had AIDS when he was killed
in 1990.
;Mr:-Nelson did not appear at his
trial and did not return a phone call
Wednesday,
MrNelson still has a criminal
tase and a. probate case pending
.against hini. In the criminal case,
he is accused of credit card abuse
for. allegedly charging expenses on
Dr- :,Huse's credit. cards, after his
death. In the probate case, AIDS Ser-
vices pis seeking $2.21 million, in.
eluding punitive damages and reim-
bursement of funds that Mr. Nelson
allegedly stole from Dr. Huse's es-
tate.
Dr. Huse was stabbed to death
Mark William Nelson ... vi-
olated State Bar of Texas
rules by defrauding the es-
tate of a Dallas pediatrician,
a judge rules:
Sept. 29.1990, in the bathroom of his
Bryan Place home on'Adolph Street
No one has been charged with the
killing, Police. have said they, be-.
lieve the doctor knew his killer,
The state bar alleged that several
days before he died, Dr. Huse wrote
a letter to Mr. Nelson saying he no
longer wanted his legal services.
But he didn't remove Mr. Nelson's
name from his will;
Mr. Nelson eventually resigned
as executor of Dr. House's will after a
probate court froze the estate's as-
sets in September 1991 based on a
suit filed by AIDS Services.
Evidence at the civil trial Mon-
day showed that Mr. Nelson paid
himself $40,000 in attorney's fees
from Dr. Ruse's estate.
"We felt that was an unconscio-
nable fee," said Mary Klapperich,
assistant general counsel for the
state bar,
Mr. Nelson paid 24,000 to Dr.
Huse's former lover, James Terrell,
who should have received only
about $4,000 from the estate, the
state bar alleged. Mr. Nelson also
paid $1,000 from the estate to his
former business partner for "tax
work," evidence showed.
In addition, the state bar alleged
that two months after Dr. Huse's
slaying, Mr. Nelson obtained a Visa
card in the doctor's name. Seven
months after the killing, Mr. Nelson
obtained a Discover card in Dr.
House's name, issued to the lawyer's
address and naming him as a sec-
ondary holder, evidence showed.
Mr. Nelson's charges on the
cards included a hotel room for one
of his clients, a $400 deposit on
kitchen equipment and Southwest
Airlines plane tickets for his com-
panion, Paul Von .Heeder, the state
bar alleged.
Before he was made executor Df
the estate, Mr. Nelson used rer,
House's forged signature in writieg'
seven checks for several thousand.'.
dollars to associates, the bar at
leged. .
In the past year, Mr. Nelson hbs
twice filed for bankruptcy, on".
voluntarily and the other time int
voluntarily. Both petitions were di*
missed by federal bankruptcy judg
es after AIDS Services alleged that
they were tactical moves to delay
lawsuits.
Mr. Nelson is appealing the disd.
missal of the involuntary bankrupt.
cy petition.
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