South Charleston man sues woman for constructive fraud, conversion

By Kyla Asbury | Mar 29, 2010

CHARLESTON -- A South Charleston man is suing the Administratrix of his mother's estate after he claims she removed funds from her account for her own benefit.

David L. Whitlock and Mary Alice Schmidt are legal heirs and beneficiaries of the Estate of Mary Phyllis Whitlock Bell, according to a complaint filed Feb. 25 in Kanawha Circuit Court.

Whitlock claims Schmidt was appointed Administratrix of Bell's estate after she died on Feb. 25, 2008.

Whitlock claims while Bell was in poor health and limited in her capacity to handle personal and financial affairs, Schmidt convinced her to convert personal assets into assets as joint tenants with the right of survivorship.

At the time of Bell's death, she owned multiple bank accounts that were also in Schmidt's name, according to the suit. Prior to the defendant taking over Bell's personal and financial affairs, Schmidt's name was not on any of Bell's bank accounts, according to the suit.

Whitlock is seeking impressing a trust on funds in Bell's Estate, funds removed from the Estate and funds deposited; for Schmidt to deposit an amount of money equal to the value of the assets withdrawn or removed from Bell's Estate; and restraining Schmidt from withdrawing, transferring or dealing with personal assets. He is being represented by John F. Hussell IV and Andrew L. Ellis.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-372

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