Suit seeks recission of mother's will

Ann Knef May 8, 2007, 5:00am

Thomas Kostelac has filed a civil lawsuit seeking to rescind his deceased mother's last will and testament.

According to a lawsuit filed May 3 in St. Clair County Circuit Court, Alberta M. Kostelac was in the early stages of Alzheimer's Disease when she created her will on April 28, 1999.

Thomas Kostelac claims the will benefited trustee Diane Rasp, as well as Debra Mueth, Randy Kostelac, Robert Kostelac and Susan Bauer, but disinherited him.

"That through her undue influence, Defendant, Diane Rasp, substituted her own intents and desires for the intents and desires of the decedent," the complaint states.

Thomas Kostelac is represented by Stephen C. Buser.

He claims that Alberta Kostelac's will was not created at her home or at the offices of the attorney who drafted the documents.

"But, instead, was taken to the St. Clair County Courthouse, where a sitting St. Clair County Circuit Judge and his Clerk, purportedly witnessed the execution of said Trust and said Will, and then convened a hearing in St. Clair County Circuit Court, all as part of the prearranged plan," the complaint states.

He also claims that Diane Rasp, who was the "dominant party" in the relationship with Alberta Kostelac, "cut-off, impaired and/or controlled communications and visitation between the decedent, and the plaintiff, Thomas Kostelac."

"That prior to the execution of said Trust and Will, the decedent had expressed and manifested an intent to divide her property equally among all of her children," the complaint states.

He is seeking a judgment to be determined by the court, plus prejudgment interests, and attorney's fees and costs.

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