CHARLESTON – A Kanawha County attorney is accusing his nephew and his former sister-in-law of negligent and fraudulent actions regarding his brother’s estate.
James M. Pierson filed his pro se complaint April 19 in Kanawha Circuit Court against Franklin Alva Pierson Jr., individually and as executor of the estate of Franklin Alva Pierson, Barbara Pierson and Pierson Refrigeration Services Inc. James Pierson operates Pierson Legal Services in Charleston.
According to the complaint, the plaintiff and his brother Frank Pierson Sr. acquired real estate in 1998 for their common and mutual use. Barbara Pierson was married to Frank Pierson Sr. at the time. Frank Pierson Sr. operated Pierson Refrigeration Services from the property.
At some point later, Frank Pierson Sr. and Barbara Pierson divorced, and Frank Pierson Sr. died on April 25, 2022. Frank Pierson Jr., a son from a previous marriage, was appointed administrator of his father’s estate.
According to the deed and agreement, James Pierson says his brother’s estate still is the owner of Lot A and is obligated to maintain and upkeep a bridge and the right of way between Lots A and D. He says Barbara Pierson was the owner or co-owner when the bridge began to fail from lack of maintenance, so she is obligated as well. And as the tenant of Lot A, Pierson Refrigeration Services also is obligated.
James Pierson says the bridge is “a necessary feature of the road which is the sole access” to his home, the former home of his brother and the refrigeration company. Estimates from Randolph Engineering and Benchmark Construction says it would cost about $226,000 to repair the bridge.
James Pierson says Frank Pierson Jr.’s refusal to repair and maintain the bridge “has effectively rendered both the shop building, the former residence of Frank Pierson Sr. and approximately22 acres of estate property worthless and unsaleable” with a similar effect on James Pierson’s property.
He also says Frank Pierson Jr. and Barbara Pierson has intentionally or negligently allowed about $250,000 worth of personal property be sold or carried away without listing it for appraisal. Those items include firearms, automatic weapons, silencers, night vision equipment, gun safes, hand tools, power tools, battery operated tools, air tools, compressors, amateur radio equipment, electronic tools, radio communications towers, lathes, fork lifts, ladders, farm tractor implements and such that was packed into and around a 40x60 foot climate controlled shop building.
James Pierson says Frank Pierson Jr. and Barbara Pierson prepared, signed and notarized an appraisement of the estate that intentionally omitted the listing of the personal property. He also says Frank Pierson Jr. allowed the removal of all of the assets from the 3,800-square-foot home and 60x40 shop building “to remove it from the reach of creditors.”
“Pierson Jr. knowingly failed to probate a will, which will may have included a life-estate for Frank Pierson Sr.’s then live-in girlfriend,” the complaint states. “Pierson Jr. immediately relocated to the State of Florida shortly after liquidating said personal property owned by the Estate of Franklin Pierson Sr.
“Pierson Jr. abdicated management of Pierson Refrigeration Services Inc., a company included in and owned entirely by the Estate of Frank Pierson Sr., to an individual who … has since effectively rendered said company unprofitable and worthless as a going concern.”
James Pierson accuses the defendants of breach of contract, actual and constructive fraud, civil conspiracy, breach of fiduciary duty, conversion of estate property, unjust enrichment and waste of assets.
He seeks joint and several compensatory damages including the value of the property and assets taken from his brother’s estate by the defendants. He also seeks punitive damages, court costs, attorney fees and other relief.
In addition, James Pierson seeks injunctive relief of an order requiring the Kanawha County Sheriff’s Department to retrieve and secure the assets of the Estate of Frank Pierson Sr. from the defendants, including cash, bank accounts and personal property.
The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 23-C-333
