Estate planning mistakes can be costly. As we continue to update our readers on real-life scenarios to facilitate learning, please review the article below.
A local attorney has 2 malpractice lawsuits that have been moving through the court system for years, both due to alleged improper filing of deeds granting land or the opportunity to purchase land after someone died. In one case, the attorney left 80 acres out of a beneficiary deed, by his own admission. This is why it is vital to hire high-quality attorneys who will double check the facts and are reputable and maintain good record keeping. This same attorney testified in court that he does not keep computer records and writes all new deed language fresh (see Dannenhauer vs. Briscoe jury testimony). It is unfortunate to find out only after someone dies that an attorney did not properly file the beneficiary deed.
Breaking News: Jury Trial Scheduled for First of Two Malpractice Lawsuits Against Hannibal Law Firm Briscoe and Brannon
The Knox County Circuit Court has scheduled a jury trial to begin on August 25, 2025, for a malpractice lawsuit against the Estate of John W. Briscoe and law firm Briscoe and Brannon by the Estate of Danny L. Dannenhauer. This is one of two malpractice lawsuits moving forward against his estate. The second malpractice lawsuit is proceeding in the Macon County Circuit as a change of venue out of the Ralls County Circuit Court was granted for both cases. Mr. Briscoe passed away on January 1, 2024, after practicing law for more than 50 years in Northeast Missouri. He was a partner at the law firm Briscoe and Brannon with offices in Hannibal and New London, Missouri.
The probate case for the estate of John W. Briscoe remains open, allowing claims to continue to be filed against the estate, including claims from both of these lawsuits should the plaintiffs win. Both cases involve the loss of family farm land incurred because of Mr. Briscoe’s alleged mishandling of beneficiary deeds, documents required to pass land to an heir when someone dies. Mr. Briscoe’s probate case is in the Ralls County Circuit Court. An accounting of his non-probate assets was requested.
The Danny L. Dannenhauer vs. John W. Briscoe Estate malpractice lawsuit involves a 330-acre farm that Mr. Dannenhauer’s neighbor owned and wanted to deed to him upon his death. Due to the fact he was in declining health, he had his wife manage the details with Mr. Dannehauer. Mr. Dannenhauer hired Mr. Briscoe to create the necessary legal documents.
The heart of the dispute centers on allegations of negligence around the real estate transaction for this farm. Mr. Briscoe allegedly failed to file the appropriate legal documents and when the owner of the farm died, his granddaughters then sued based on the fact that the transfer was not done properly as it resulted in gifting their grandfather’s farm to Mr. Dannenhauer neglected to include a financial transaction. Mr. Briscoe then, by his own admission, referred Mr. Dannenhauer to his friend, attorney Neil Maune with Wasinger and Parham law firm, to defend him in the lawsuit filed by the granddaughters. When the granddaughters won, and proceeded to sell the farm for $1.5 million dollars, Mr. Dannenhauer was not informed by Mr. Maune that he had the right to sue Mr. Briscoe for his alleged negligence in:
Failing to ensure conflict waivers were signed
Not verifying the farmer’s wife’s authority to transfer his property
Neglecting to include Dannenhauer’s rental obligation in the deed
Not advising a contract of sale was necessary
The initial filing of the warranty deed for the farm to be granted to Mr. Dannenhauer by Mr. Briscoe was on January 19, 2012.
An initial malpractice claim was awarded to Mr. Dannenhauer against Neil Maune for $750K, by a jury verdict, for Mr. Maune’s failure to notify Mr. Dannenhauer of a potential malpractice claim against Briscoe. However, Mr. Maune’s law firm, Wasinger and Parham, argued they were actually no longer the attorney on record at the time and that since the statute of limitations had not expired, it turns out, Mr. Dannehauer could indeed sue Mr. Briscoe instead.
The 3-Judge panel of the Missouri Court of Appeals Eastern District then agreed, partially reversing the legal malpractice case, releasing the case against Neil Maune, finding that a 2020 case was timely filed and that Mr. Dannenhauer could indeed sue Mr. Briscoe for his alleged mishandling of the land transfer.
Mr. Dannenhauer passed away at his home in Lewistown, Missouri, on November 20, 2024. His trust will continue the lawsuit on his behalf.
An earlier change of venue request was granted from Lewis County, where at least one judge recused themselves from the case, to Knox County.
The second malpractice case against John W. Briscoe and law firm Briscoe and Brannon, filed by Mary Kay Crocker-Wyss, was initially filed in the Ralls County Circuit Court on October 4, 2022. As the case progressed, 3 judges recused themselves, leading to a change of venue being granted to the Macon County Circuit Court. This case involves Mr. Briscoe’s alleged failure to file a beneficiary deed for 80 acres of property Ms. Crocker-Wyss’ Mother had allotted for her. According to the court filings, Mr. Briscoe did admit he left this acreage out of the beneficiary deed for Ms. Crocker-Wyss. All of her Mother’s beneficiary deeds for the rest of her property were properly filed to her other children and grandchildren.
The next hearing in this case is scheduled for April 4, 2025.
A third case, proceeding in probate court in Ralls County, Missouri, also involves Mr. Briscoe’s alleged failure to properly file beneficiary deeds for a family farm.
The Briscoe and Brannon law firm’s website is no longer available and the status of the law firm entity is unknown.
Fact Sheet:
The law firm Briscoe and Brannon is represented by multiple attorneys of Ford, Parshall and Baker, Columbia, Missouri.
The Estate of John W. Briscoe, his 3 sons, Philip Porter Briscoe, Andrew Briscoe and John W. Briscoe, II, are represented by Joseph Brannon, of Briscoe and Brannon, New London, Missouri and recently was joined by Amy Ohnemus, of Wasinger and Parham, Hannibal, Missouri.
Mary Kay Wyss is represented by Hugh Lawrence Marshall of McDowell, Rice, Smith and Buchanan, Kansas City, Missouri.
Danny L. Dannenhauer Trust is represented by Jeremy Andrew Gogel, of Gogel Law Firm, St. Louis, Missouri.
Missouri Case.Net https://www.courts.mo.gov/ Click “Search for Case“, Click “Case Number Search“
24RL-PR00003 – IN THE MATTER OF JOHN WILFORD BRISCOE, DECEASED – RALLS COUNTY COURT
23MA-CC00020 – MARY K CROCKER-WYSS V PHILIP BRISCOE, PR, ET AL – MACON COUNTY COURT
22RL-CV00254 – MARY CROCKER-WYSS V JOHN W BRISCOE ET AL – RALLS COUNTY COURT Prior to Transfer
20LE-CV00238-01 – DANNY L DANNENHAUER ET AL V JOHN W BRISCOE ET AL – KNOX COUNTY COURT
Missouri Court Of Appeals Eastern District Opinion Summary: https://www.courts.mo.gov/file.jsp?id=209921
Probate Court Fees: Probate Attorneys earn a percent of the sale of the property required to be in probate due to no beneficiary deeds or estate filings dictating inheritance of the property. The heirs must then purchase the property back from the court or the property is sold. The fees the attorney receives for the property sale range from 2% to 5%, required to be paid even if the heirs purchase the land back from the court.
