Kelly Holleran Nov. 5, 2013, 12:06pm

A brother and sister claim they lost the rights to their mother’s farm after their stepfather conveyed the interest in the 120 acres to another woman.

Nathan and Hanna Struever filed a lawsuit Oct. 17 in St. Clair County Circuit Court against Timothy P. Fleming.

In their complaint, the Struevers claim they were supposed to inherit 120 acres of property in Calhoun County after their mother’s and step-father’s deaths. Their mother, Alice M. Schumann, and her husband, John O. Schumann, had agreed in a trust to pass the land to the Struevers no matter who died first.

The Struevers’ mother, Alice M. Schumann, died on Jan. 2, 2006. Her husband, John O. Schumann, outlived her. Less than two years after Alice M. Schumann’s death, John O. Schumann conveyed the land to Mary Ann Yoswig also known as Mary Ann Herren for less than $1, according to the complaint.

Defendant Timothy Fleming drafted the new last will and trust that conveyed the land to Yoswig without first making certain that John O. Schumann was free of Yoswig’s influence, the suit states.

“The plaintiffs further believe that the defendant also had an ongoing existing professional relationship with Mary Ann Yoswig also known as Mary Ann Herren and/or her family and had failed to disclose that existing business relationship to the decedent, John O. Schumann, at the time that these new documents and Deed transfers were completed,” the complaint says.

Because of Fleming’s action, the Struevers allege they lost their ability to own the land, which Yoswig purchased for $1.

The Struevers allege legal malpractice against Fleming and seek a judgment of more than $50,000, plus costs.

Edward J. Fanning of Fanning Law Office of Hardin in Hardin will be representing them.

St. Clair County Circuit Court case number: 13-L-533.

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