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The Surian Spin: Part IV
Motion to Dismiss the Will Contest |
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01/29/01 Bank One Trust Company, represented by Margaret M. Frisbie of Bunger & Robertson, filed its Final Accounting and Request for Attorney's Fees and Services totaling $23,972.55 (Bank One, $7,500; Bunger Robertson, $16,472.55). Of those fees and services, $23,882.55 were incurred after Bank One had been informed in writing that they were a conflict of interest. Bank One wrote 3 checks totaling $136.70. Bank One had no ward to take care of, as Katherine was dead. The estate portfolio was not changed during Bank One's tenure. The hearing for Bank One's Final Accounting and Attorney's fees was scheduled for 05/11/01. Bank One's Final Accounting was worse than Dr. Surian's Final Accounting. The Hilliard Lyons account
included a money fund account upon which the guardian could write
checks, separate from the guardianship checking account. Dr. Surian
and Thomas McDonald
provided periodic accountings; sometimes they provided
typed lists of disbursements that had been made. When pressed for
the accounting records on 08/31/99, they provided Hilliard Lyons
statements and tax returns. The Hilliard Lyons statements did not list check payees.
02/09/01 The orders for the hearings on 01/18/01 were signed. The guardianship of Katherine C. Surian was now officially closed. This case now entered the "estate" phase. 02/12/01 The confidential Walsh Settlement Agreement, agreed to in principal on 01/16/01, was not signed until 02/12/01. After the 01/18/01 trials, Greg Padgett of Barnes & Thornburg tried to alter the agreement to the point that Kent Emswiller almost had to re-enter the case. Vintage Greg Padgett. 02/16/01 In a Motion for Enlargement of Time filed on 02/16/01, Gregory L. Padgett revealed that both he and Barnes & Thornburg represented Bank One Trust Co., N.A. and were potentially a conflict of interest. No wonder they never objected to Bank One being a conflict of interest. Should they not have disclosed this conflict of interest prior to the hearings on 01/18/01? This was no level playing field, this was a swamp. Edward
M. Surjan, Mike's half brother, called Diane and stated that
Neil Walsh and his fourth wife sold the Roswell home and moved to a new home in Clarksville, Georgia in 1999. Presumably the equity from the Roswell home was used to purchase the Clarksville home. Meanwhile, Linda's son had dropped out of high school, never went to college, and was living on the streets. He was overwhelmed with grief after Linda's death, while his father Neil pursued wife # 3 and then wife #4. Linda's daughter graduated high school; went to college and paid her own way. Mike and Katherine Surian surely intended for Linda's children to benefit from their generosity, not Neil's fourth wife or Neil's eight children by other marriages. 03/19/01 Dr. Surian objected to Bank One's Final Accounting and Fees. Which was really a joke, when you read the next entry (03/26/01). 03/26/01 Irwin Union closed the Hilliard Lyons account and took possession
of all the assets.
Dave S. Brooks, Vice President and Trust Officer at Irwin Union Bank and
Trust company, did this to enhance their Trust Department
portfolio, not for the benefit of
the Surian estate.
Gregory L. Padgett of
Barnes & Thornburg submitted Dr. Surian's Petition for Reimbursement
of $116,609.47 for Attorneys' Fees and Expenses
covering the period October 1999 to February 2001. All Legal Fees and Expenses
at this point in time totaled
$200,641.27.
04/02/01
On behalf of Dr. Surian, Thomas
M. McDonald filed a Motion to Dismiss the Will Contest
lawsuit for failure to post bond. When Kent Emswiller of Emswiller, Williams, Noland &
Clarke filed the original Will Contest complaint on 11/12/99, he
neglected to post
a will contest bond, as ordered by the Court on 11/18/99 and required by Indiana law IC 29-1-7-19. The Motion to Dismiss was an attempt by Dr. Surian
to deprive his sister of any inheritance whatsoever on the basis of a
technicality. This was a serious move. A Will Contest Bond
is not easy to obtain. Few companies want to write this type of
bond when a family will contest is involved because of the risk
involved.
Wow:
First, Dr. Surian tried to get 100 % of the estate by having Katherine
sign a will while she was incompetent.
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04/03/01 Greg
Padgett admitted in a phone conversation that the Walshes had already
inherited. Dr. Surian had concealed this information from the
hearings on 01/18/01 and from Irwin Union.
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