O'Fallon resident sues fiance's estate for half interest in home

Ann Knef Jul. 7, 2008, 7:20am

O'Fallon resident Latanya Sanders is suing her deceased fiance's daughter and his estate over property she claims belongs to her, according to a suit filed July 2 in St. Clair County Circuit Court.

Sanders is suing Latia Shapell King over title to a home located at 413 Fairwood Hills in O'Fallon. Sanders claims she and James H. King bought the home on March 22, 2000, a day in which they also became engaged to be married.

King died April 11.

"Mr. King died without executing a will that would cause the Home to be conveyed to Plaintiff contrary to his specific agreement with Plaintiff to provide such a will," the complaint states.

Sanders claims she and King memorialized a property rights agreement March 16, 2006.

"Pursuant to the terms of the agreement, Mr. King was to cause the Home, together with all of its contents, which he shared with Plaintiff, to be conveyed to Plaintiff upon Mr. King's death," the complaint states.

"For and in consideration of Mr. King's above-described agreement, Plaintiff accepted Mr. King's offer of marriage, and continued in that acceptance, made, and continues to make, contributions toward mortgage payments, utility payments, real estate tax payments, as well as payments for furnishings and fixtures located on and in the Home," the complaint states.

Sanders claims that since King's death, members of his immediate family have "trespassed upon, and removed property from the Home without the consent of Plaintiff."

She also claims the defendants have failed to convey the O'Fallon home to her.

Her suit seeks 50 percent title to the home and that defendants "hold the Home subject to a trust pro tanto for the use and benefit of Plaintiff."

Represented by Mark C. Scoggins and Anthony P. Gilbreth of Crowder & Scoggins of Columbia, Sanders also is requesting the court award her costs of the suit.

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