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Thursday, March 28, 2024

Man says attorney embezzled nearly $300,000 from wife's estate

CHARLESTON - A Kanawha County man has filed a suit against two Charleston attorneys, claiming one of the attorneys embezzled more than $290,000 from his wife's estate.

Ronnie Smith filed the suit Jan. 10 in Kanawha Circuit Court against husband and wife Richard D. Lindsay and Pamela Tabor Lindsay, as well as their law firm Tabor Lindsay and Associates.

Smith, who is representing himself, filed the suit on behalf of the estate of his late wife, Nancy Smith.

According to the suit, Pamela Tabor Lindsay was appointed as advisory to the trustee of Nancy Smith's estate, beginning in 1995. In July 2007, Ronnie Smith claims he ordered copies of all checks written on the trust account of his incompetent wife.

"After perusing the documents, Smith, for the first time, became aware that ... Lindsay has illegally and wrongfully caused a check to be issued in her name on Aug. 9, 1996, in the amount of $290,000," the suit says.

Smith claims he confronted Pamela Lindsay with his new information and demanded an explanation and a return of the money. Lindsay claims she had no recollection of what was done with the money.

According to the suit, Smith claims Lindsay violated her duties of loyalty and due care which was owed to the estate.

"I haven't seen the suit, we haven't been served," Richard Lindsay said Jan. 24. "But on that allegation, that's just not true."

Smith seeks compensatory and punitive damages, including court fees, from Tabor Lindsay and Associates.

The case has been assigned to Judge Charles King.

Kanawha Circuit Court case number 08-C-75

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