A woman claims her family withheld her share of her grandmother’s trust and assets and refuses to provide information on the funds.
Elizabeth Skeens filed the complaint on May 6 in the U.S. District Court for the Southern District of Illinois against Robert Hickman, John Hickman, and Connie Ernst, individually and as an agent on behalf of Stella Hill, and as trustee of the Stella Hill Trust.
According to her complaint, Skeens claims Stella Hill married James Hill on Jan. 6, 1972. The two did not have any children together. However, Stella Hill had three children from a previous marriage including Ernst, Gary Bernhardt, and Patricia Kay Gross. Skeens is Barnhardt’s daughter, who died Feb. 13, 2014. Robert and John Hickman are the children of Gross, who died May 14, 2015. James and Stella Hill died in May 2019. Prior to her death Stella Hill executed a living trust on Sept. 22, 2006. She completed a restatement of the trust on Sept. 18, 2015.
Prior to her death, Stella Hill allegedly owned various assets either individually or jointly with James Hill, including bank accounts, property in Lake of Egypt, Ill., brokerage accounts at Wells Fargo Advisors, and other personal property.
Skeens alleges that in 2018, Connie Ernst’s son, Randy Ernst, moved into the Hills’ residence and limited or cut off Skeens’ access to Stella Hill. Then in February 2019, Hill was placed in a nursing facility following a hospitalization for a mass on her stomach and suspected mini strokes. Connie Ernst began acting as agent for Stella Hill after she was moved to a nursing home.
Following Stella Hill’s death, Skeens claims she did not receive her share of the decedent’s assets, which were to be divided into separate shares for each of the descendants.
Ernst allegedly withdrew $175,357 out of Hill’s Wells Fargo account on Oct. 31, 2019
Hill also allegedly had checking accounts valued at approximately $100,000, but Skeens has been unable to learn the financial institution or titling of the accounts.
Skeens alleges she requested a copy of the trust in July 2019. She then sent three more requests in September and October 2019. When she did not receive the copy, her counsel sent Ernst’s counsel a request for an inventory of the assets of the trust and probate estate. She also requested confirmation of how each asset is titled, the value of each asset when Hill died and the value now, a list of receipts and disbursements of the trust and probate assets, among other requests.
After several follow-up emails and telephone calls, the defendant’s counsel advised Skeens’ counsel on Nov. 27, 2019 that the information would be provided “in the near future.”
Skeens alleges that despite additional follow-up inquiries, Ernst’s counsel has failed to provide the requested information.
Skeens seeks an order requiring Ernst to provide the plaintiff with all requested information and a detailed and complete accounting of all assets of the trust. She also seeks an order prohibiting Ernst from paying attorneys’ fees and expenses incurred in the lawsuit with funds from the trust, and any other relief the court deems just.
“Due to defendants’ conduct, equity requires the court prohibit defendant from using the assets of the trust to defend this action and, instead, order her to pay personally any and all attorneys’ fees and expenses defendant incurs as a result of this proceeding, or in the alternative, to specifically offset such attorneys’ fees and expenses against defendant’s share of trust only,” the suit states.
The plaintiff is represented by Andrew Wolkiewicz of Greensfelder Hemker & Gale PC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-418