Siblings say deceased mom's husband defrauded them

By Chris Dickerson | Feb 15, 2006

WINFIELD – Two siblings claim their deceased mother's husband kept them from receiving $25,000 each their mother intended for them.

Jackie and Jeffrey Williams filed the lawsuit Feb. 1 in Putnam Circuit Court. They are the natural children of Constance J. Lively, who was married to Wayne Lively.

According to the suit, Constance Lively executed her Last Will and Testament on May 14, 1995. In that will, she bequeathed $25,000 each to Jackie and Jeffrey Williams after payment of all debts. The rest of the estate was to go to Wayne Lively, who was named executor of the estate.

However, after Constance Lively made the will, she and Wayne Lively separated and intended to divorce.

From May to November 2004, Constance Lively bought a 2004 Ford Explorer, a 1997 Chevrolet and a double-wide mobile home.

Constance Lively died on April 1, 2005. Ten days later, Wayne Lively was appointed executor.

The plaintiffs, who are represented by Huntington attorney Paula L. Wilson, claim Lively didn't file a proper inventory list of Constance Lively's assets, namely the two vehicles and mobile home she purchased in 2004.

According to the suit, he applied for titles to the three items on June 9, 2005.

"Neither Jackie Williams or Jeffrey Williams received the bequeaths left to them in the Last Will and Testament of Constance J. Lively inasmuch as it was stated that there was nothing to distribute after the payments of debts," the suit alleges.

They say Wayne Lively owed a fiduciary duty to her beneficiaries and that he breached that duty by filing a false and fraudulent appraisal of the assets of her estate and by converting assets of the estate to his own use without using them to satisfy the bequeaths left in her will.

That conduct, the plaintiffs say, was willful, wanton, malicious, intentional and fraudulent.

The plaintiffs say they each were deprived of $25,000 and lost interest. Also, they say they suffered emotional distress and other damages.

They seek a judgment to be determined, pre- and post-judgment interest, court costs, attorney fees and other relief. They also seek punitive damages because they say Wayne Lively's actions were intentional.

The case has been assigned to Circuit Judge O.C. "Hobby" Spaulding.

Case number: 06-C-41

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