By CRISTINA JANNEY
Hays Post
A Hays woman who is seeking millions from her employer’s estate filed documents in court today asking for additional attorney’s fees while the case is on appeal.
Wanda Oborny alleges her employer, Earl O. Field, signed a codicil to his will shortly before his death in 2013, leaving half of his $20 million estate to her with a quarter of the estate going to Fort Hays State University and the rest going to Field’s attorney, Joseph Jeter.
A 2010 version of Field’s will left the bulk of his estate to Fort Hays State University for scholarships.
Oborny alleged 98-year-old Field, a widower who had no children, went to a local car dealer to have the codicil of his will witnessed by two of Oborny’s longtime friends, Steve and Kathy Little.
The Littles died in a murder/suicide after they had been visited by federal agents and received federal grand jury subpoenas. However, their deaths were never definitively linked to the Field will case.
COURT DOCUMENTS: Oborny’s request for additional attorney fees
Oborny’s appellate brief
Memorandum in opposition to Oborny’s motion for attorney fees
FHSU’s appellate brief
Oborny was Field’s part-time bookkeeper and a cosigner on his accounts. FHSU alleges in its appellate brief Oborny received $300,000 in questionable gifts and bonuses from Field’s accounts before his death and another $600,000 in payments after his death.
After a lengthy 2016 trial, District Court Judge William “Buck” Lyle found the codicil was a forgery created by Oborny or an associate on her behalf.
Although the court found the codicil that benefited Oborny was a forgery, a judge appointed after the initial trial, Kansas Senior Judge Jack Burr, found Oborny could claim $1 million in attorney’s fees from the estate.
Oborny’s attorney took her case on a contingency basis, which means that if she does not win her case, she owes nothing to her attorney.
Oborny appealed the lower court’s decision, arguing the court was incorrect in finding the codicil was forgery, taking to task the 2010 will beneficiaries’ expert handwriting witness.
FHSU and the other beneficiaries of the 2010 will appealed the district court judge’s decision to allow Oborny to claim attorney’s fees from the estate. FHSU’s attorney’s argued Oborny was not a legal heir to the state and her party to the forgery of the codicil was a sign that she did not act in “good faith.”
Two weeks ago, Judges Kathryn Gardner, Michael Buser and Gordon Atcheson heard the case on appeal.
FHSU attorney Coy Martin hoped to have a ruling on the case in 60 to 90 days.
Today, Oborny’s attorney filed a brief in the case asking for an additional $134,000 in attorney’s fees to be paid from the estate for pursuing the case on appeal.
Oborny currently faces felony charges in federal court stemming from the codicil.
Court documents provided by Coy Martin, attorney for Fort Hays State University.