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Suit alleges power of attorney holder used estate funds for personal gain

MADISON - ST. CLAIR RECORD

Sunday, November 24, 2024

Suit alleges power of attorney holder used estate funds for personal gain

Lawsuits

BELLEVILLE — The administrator of an estate is claiming the previous power of attorney holder is using estate funds for personal purchases. 

Verna Edwards, administrator of the Estate of Brenda Edwards, filed a complaint July 28 in the St. Clair County Circuit Court against Pamela Treat, alleging breach of fiduciary duty. 

According to the complaint, Brenda Edwards died on May 24, 1994. On June 6, 2019, Treat was named as the estate's power of attorney and attorney-in-fact. Then on Jan. 29, Verna Edwards was named as independent administrator of the decedent's estate. 

The plaintiff alleges Treat used her Power of Attorney to add her name to the estate's bank accounts and used the funds for "personal purchases" and also took possession of Brenda Edward's RV. In addition, the plaintiff claims Treat completed a "beneficiary designation" for Brenda Edward's insurance policy. 

The plaintiff claims that Treat breached her duty as Power of Attorney of the estate for her personal gain and failed to "act in the best interest of the decedent" and also failed to "conserve the personal assets" of the estate.  The suit also states that Treat failed to "act with the highest degree of fidelity and with the utmost good faith" as power of attorney. 

The plaintiff seeks monetary relief of more than $50,000 and all other just relief. She is represented by Kelly Barrett-Hicks of Hicks & Spector LLC in Belleville. 

St. Clair County Circuit Court case number 20-L-0564

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