Estate trustee sued over land purchases

By The Madison County Record | May 13, 2014


A woman has filed suit against the trustee of a deceased couple’s estate, saying she purchased land with trust money, but did not place the land under the name of the trust.

Carol Combs filed suit April 29 in the Madison County Circuit Court against Deloris Eberlin, individually and as trustee of Othel Bean.

According to the complaint, the defendant purchased numerous properties in Madison County with trust money. However, she placed her own name on the titles of the property and not the name of the trust, according to the complaint.

Combs discovered Eberlin’s actions May 22, 2013, when she was deposed regarding a separate matter but confessed to purchasing the properties with the trust money, the suit states.

Since then, Eberlin has refused to reimburse the trust, the complaint says.

Combs is seeking seeks a complete accounting of all funds Eberlin received from the trust, full records to trace the disbursement and distribution of trust funds, a constructive trust on all the property Eberlin purchased that would prohibit her from providing a positive proof of ownership apart from the funds she received from the trust, attorney’s fees and other relief the court deems just. She also seeks punitive damages. She is being represented by Christopher M. Donohoo of The Donohoo Law Firm in East Alton.

Madison County Circuit Court case number 14-L-642.

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