West Virginia Record

Tuesday, August 20, 2019

Lake woman files suit against her sister regarding settlement of mother's estate

State Court

By Kyla Asbury | Jul 16, 2019


Marcum

LOGAN – A Lake woman is suing her sister alleging she owes her money involving a settlement their mother's estate received.

Judith Lynn Adkins filed the lawsuit against her sister, Kimberly Nelson Shanklin who lives in Hansford, in Logan Circuit Court. The suit claims that when their mother died on April 20, 2016, Shanklin was put in charge of fiduciary duties of the estate and filed a lawsuit against the nursing home facility where their mother was staying.

Adkins claims Shanklin, acting as the administrator of their mother's estate, settled the medical malpractice case for at least $200,000 and failed to note the amount on an appraisement.

As an heir to the estate, Adkins was entitled to one-fourth of the estate and Shanklin intentionally and willfully took actions to exclude her from her proceeds from the estate, the suit claims.

Adkins claims she filed an objection to the final order with the Kanawha Circuit Court on March 28, 2018, and Circuit Judge Carrie Webster ordered counsel to file a formal response.

Adkins' attorney also sent a letter to Shanklin's counsel requesting an explanation and/or the portion of the estate proceeds that Adkins was to receive, however, the defendant failed to respond to the requests and intentionally eluded answering why she converted the plaintiff's inheritance from the estate for her own personal use, the suit claims.

Adkins claims her sister filed a waiver of final settlement of the estate and forged or had forged the plaintiff's signature on the waiver. Adkins also claims her address is wrong on the final settlement form.

The suit claims Shanklin owed a duty to the plaintiff and breached that duty.

Adkins claims Shanklin continues to defy her request to cure the matter.

Adkins is represented by Justin J. Marcum of Marcum Law Office in Williamson.

Logan Circuit Court Case No.19-C-93

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