Brother sues sister over inheritance

Steve Gonzalez May 21, 2007, 9:00am

Mark Diak filed a civil suit against his sister and brother-in-law in St. Clair County Circuit Court May 11, alleging the duo took money from his father without his permission while he was living with him thereby reducing his inheritance.

Diak claims his father, Joseph, lived with Dianne and Robert Peabody during the last two years of his life.

Diak claims that Dianne acted as his father's personal nurse and power of attorney during that time.

"Defendants owed an obligation to act with absolute loyalty and not to improve their personal financial interests at the expense of the plaintiff," the complaint states.

Diak claims the Peabodys established accounts and other financial arrangements for the purpose of accumulating his father's money and property, including the creation of a trust fund adverse to his interests.

He also claims that his sister, without authorization, converted at least four boxes of personal and financial records that he has made a demand for, but claims they have never been returned.

"Defendants intentionally interfered with plaintiff's inheritance expectancy, including by wrongfully using the power of attorney to divert assets from the accounts of Joseph Diak to defendants own accounts," the complaint states.

Diak is asking the court to order his sister to provide a complete accounting of all funds, assets, investments, and property from September 1999 until the date of his father's death, to impose a lien on misappropriated funds and award damages in excess of $50,000, plus costs of the suit.

He is represented by Edward Blake of Belleville.

07 L 243 (20th Circuit)

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