Successors protest division of deceased mother's assets

By The Madison County Record | Apr 2, 2015

Several siblings are contesting the division of assets after the death of their mother on Sept. 10, 2014.

According to a lawsuit filed Feb. 25 in Madison County Circuit Court, Virginia Kimme died in September with no surviving spouse and five children. But only one child, Dale Kimme, and his wife, fellow defendant Diana Kimme, benefited from the proceeds of the estate through the sale of her house at 12001 Haas Road for $45,000.

Before entering a nursing home where her daughter-in-law Diana Kimme worked, Virginia Kimme allegedly had executed a will that had all her possessions equally divided among all of her children. However, after moving into the Trenton Village assisted living facility on Aug. 4, 2010, and subsequently being diagnosed with dementia and then Alzheimer's disease, Virginia Kimme signed over her power of attorney and deed to the house to just her son, Dale Kimme, as well as changing her will to give all possessions to just Dale Kimme.

"The defendants induced Virginia Kimme to transfer her assets, which were intended for the plaintiffs, to themselves," according to the lawsuit.

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

The plaintiffs are represented by Ted Harvey and Adam Braundmeier of Freeark, Harvey and Mendillo of Belleville, Ill.

Madison County Circuit Court case number 15-L-244.

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