On Thursday, September 4, 2025, the New York Supreme Court, Appellate Division, Third Judicial Department granted the Attorney Grievance Committee’s motion to suspend attorney Kimberly Marie Wells from practicing law, effective immediately.
The case is entitled “In the Matter of Kimberly Marie Wells,” with case number PM-197-25.
Wells faced allegations of professional misconduct stemming from the neglect of an estate matter. The Attorney Grievance Committee (AGC) initiated an investigation in April 2024 after receiving a complaint.
According to the filing, Wells initially cooperated with the AGC’s requests for records but subsequently failed to respond to further inquiries. This led to a directive for Wells to appear for an examination under oath, during which the AGC alleges she made admissions indicating professional misconduct. Following the examination, Wells was instructed to submit additional records and information regarding the client complaint and statements made during the examination, but she again failed to respond.
The AGC then moved to suspend Wells on an interim basis, citing her failure to respond to lawful demands, admissions made during the examination, and other evidence of professional misconduct. Wells opposed the motion, and the AGC submitted a reply.
On June 10, 2025, the court issued a confidential order adjourning the AGC’s motion and directing Wells to comply with specific investigative requests within 60 days. The AGC advised the court that Wells failed to comply with the order, leading to the current suspension.
The court cited several reasons for its decision. It noted that Wells did not offer a sufficient excuse for her failure to respond to the AGC’s demands, despite claiming technological issues and a significant caseload. The court found that Wells was aware that the AGC would continue to contact her via email after she confirmed her email address during the examination under oath. The court also emphasized that Wells had been given an additional 60 days to comply with the AGC’s requests, but still had not provided the requested information.
The court’s order also referenced the examination of Wells under oath and documents produced by the AGC, which indicated that Wells failed to comply with Surrogate’s Court requirements on multiple occasions during her representation of an estate’s executor. This prompted the court to issue a citation to the executor and an order compelling an accounting. While Wells eventually complied with the Surrogate’s Court’s directives, she could not produce documentation showing she contacted the executor about the court’s directives until after the citation and order were issued. Wells admitted she did not inform the executor that the order compelling the accounting resulted from her failure to timely file a required report because she failed to note the filing date on her calendar.
Additionally, Wells admitted she did not take steps to recover annuity death benefit funds turned over to the New York State Comptroller’s Office of Unclaimed Funds for nearly 10 months, despite receiving information about the funds from the decedent’s children. She also admitted that tax returns for the estate had not been prepared or filed and believed the executor was unaware of this. At the time, Wells was handling 10 estate matters and had received citations or warning letters from the court in several of those matters, and she had no “good reason” for the delays.
The court concluded that Wells neglected the estate and its assets and failed to keep the executor reasonably informed of the Surrogate’s Court’s directives and requirements.
As a result of the suspension, Wells is prohibited from practicing law in any form in New York State, either as a principal or as an agent, clerk, or employee of another. She is forbidden from appearing as an attorney before any court, judge, justice, board, commission, or other public authority, or from giving legal advice or holding herself out as an attorney. Wells must also comply with the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys and certify her compliance.
Wells has 20 days from the date of the decision to submit a written request for a postsuspension hearing. Failure to respond to or appear for further investigatory or disciplinary proceedings within six months may result in disbarment without further notice.
According to Avvo, Ms. Wells is an estate planning lawyer in Glens Falls, NY. She acquired her law license in New York in 2005.
A copy of the original filing can be found here.
