EDWARDSVILLE --A man is accused of financially exploiting an elderly person after transferring living trust funds to his personal business account.
Shawn Miller-Krausz, as Trustee of the Edward M. Neuhaus Living Trust dated Oct. 10, 1991, and Rickey Miller filed a lawsuit in the Madison County Circuit Court against Scott Dana Miller, alleging breach of fiduciary duty, accounting, constructive trust and financial exploitation of an elderly person pursuant to 720 ILCS.
According to the complaint, Shawn Miller-Krausz is the Trustee of Edward M. Neuhaus living trust in which Neuhaus's daughter, Rickey Miller, is the beneficiary. Miller-Krausz has the power of attorney for Rickey Miller. On Oct. 6, 2020, Scott Miller allegedly transferred approximately $131,081.29 of the trust's funds held at Edward Jones and Company into the Associated Bank Account and then into his personal business account.
On Nov. 20, 2020, Scott Miller allegedly transferred approximately $100,000 from his personal business account into the Associated Bank Account and continued to withdraw funds and transfer them to his personal business account. The remaining balance of the living trust is now $7,000.
Shawn Miller-Krausz and Rickey Miller claim they were caused to suffer financial exploitation as a result of Scott Miller's actions.
The plaintiffs seek a judgment against the defendant for an amount to be proven, an amount in excess of $50,000, treble damages and attorney's fees. Shawn Miller-Krausz and Rickey Miller are represented by Brian R. Kalb of Byron Carlson Petri & Kalb LLC in Edwardsville.
Madison County Circuit Court case number 21-L-001414