Madison - St. Clair Record

Monday, September 23, 2019

Couple seeks to dismiss siblings’ lawsuit protesting division of mother’s assets

By Heather Gvillo | Jun 16, 2015

A couple accused of coercing their mother into signing away her assets to just one child seeks to dismiss a lawsuit, arguing the claims should be made separately against the husband and wife.

Daniel Kimme, Rebecca Tabor, Amy Kimme-Hea and Paul Kimme filed the lawsuit on Feb. 25 against Deanne Kimme and Dale Kimme.

According to the complaint, Virginia Kimme died on Sept. 10 with no surviving spouse and five children. The plaintiffs claim that only one child, Dale Kimme and his wife Diana Kimme, benefited from the proceeds of the estate through the sale of her house at 12001 Hass Road for $45,000.

Prior to entering a nursing home where Diana Kimme worked, the decedent allegedly executed a will that had all of her possessions equally divided among the five children.

However, after moving into the Trenton Village assisted living facility on Aug. 4, 2010, and following her Alzheimer’s diagnosis, the decedent allegedly signed over her power of attorney and deed to the house to Dale Kimme. She also allegedly reworked her will to give all possessions to her son, the suit states.

“The defendants induced Virginia Kimme to transfer her assets, which were intended for the plaintiffs, to themselves,” the lawsuit states.

The defendants filed a motion to dismiss the complaint on April 17, arguing that each count should be separate for each plaintiff since each plaintiff has distinct relationships and interests in the matter at issue.

They also argue that Count II should be dismissed in its entirety, claiming it improperly requests punitive damages.

The plaintiffs seek damages in excess of $50,000.

Ted Harvey and Adam Braundmeier of Freeark Harvey & Mendillo in Belleville represents the plaintiffs.

John J. Hopkins of John J. Hopkins & Associates represents the defendants.

Madison County Circuit Court case number 15-L-244

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