Contesting Mother's Will----- April 2010

In April of 2010 I attempted to contest Mother's will. Logic being that Mother had always wanted the assets of the marriage to be split equally between the children. 


In May, 2007 Judge McElyea's court stripped mother of all rights when she was placed in guardianship. In April 2007 elizabeth sit with Daddy and disinherited Mother and of course Barbara and I. The logic of elizabeth was that Mother was likely to pass away first and her will gave her half to Daddy. Once Mother died, her will passed to Daddy and elizabeth was set to take all of both. 


When we attempted to have Daddy's will thrown out because of Vascular Dementia we were told too bad, at any given point within 24 hours he could have had clarity of vision to change his will. 


Judge Cynthia Kinser, Adam Kinser's mother pinioned from the bench that intent of the will over shadowed the content. 


Judge McElyea said she didn't care about intent, but was Mother competent at the time of the will? Answer was yes. Please pay Mr. Kinser $450. and have a nice day. 


There was no way out. If she was competent at the time of the will, the will was solid. If she was incompetent at the time of the will it couldn't be successfully contested.

The Stalker

SUNDAY, NOVEMBER 1, 2009

This was during a time that ekj was next door at Mom and Dad's, Daddy was in Ohio, presumably in a nursing home and ekj had the van down loading more of the contents of the house in it.

I woke up at 6AM, the house was dark, I headed for the kitchen for coffee when the motion detector lights in the back of the house lite up the backyard. I looked out the window and ekj was slowly walking the back perimeter of our yard, but on the farm pasture (no dog). The distance from the house is about 100 feet.

Several days later, neighbors Rick and Sheryl were over for a visit and I mentioned ekj setting off the motion detectors. Sheryl mentioned, in the past she has been up in the middle of  the night to let the dog out and seeing ekj, in the dark walking in the street between our houses.

A week, or so, later Tom and Misti were over and I mentioned the above incidents and Tom said, "I woke up earlier than normal the other day and at 3AM, headed out the door and saw her in the shadow of my headlights while leaving".

11.17.09 House being emptied

---------- Forwarded message ----------

From: <kkbishop2002@yahoo.com>

Date: Tue, Nov 17, 2009 at 10:34 AM

Subject: Re: Athelene King's Estate

To: Wayne King <>

Good morning Karen. Our father is in a nursing home in New Lebanon, OH via a hospital in Dayton with a diagnosis of pneumonia. Elizabeth arrived last evening and they are loading a van, presumably picking over bones. I expect she will take mother's Buick.

If mother's estate isn't settled can she just take anything because presumably half is still in mother's estate.

Thanks, Wayne King

Sent from my BlackBerry Smartphone provided by Alltel

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--------- Forwarded message ----------

From: <kkbishop2002@yahoo.com>

Date: Tue, Nov 17, 2009 at 1:18 PM

Subject: Re: Athelene King's Estate

To: Wayne King <>

U may want to check with your atty but believe u havr right to check on welfare of property. Liz just left message on machine. Have to take care of ct first then will call her. Some problem with bank acct for your dad

Sent from my BlackBerry Smartphone provided by Alltel

---

From: Wayne King <>

Date: Tue, 17 Nov 2009 12:16:28 -0500

To: Karen Bishop<kkbishop2002@yahoo.com>

Cc: barbara lochner<>

Subject: Re: Athelene King's Estate

Sorry you're in court, but I was a little concerned you wouldn't physically be able to be there. In speaking with Barbara re: daddy's condition while at the hospital last week, prior to the nursing home, the expectation is that his time is short. I did expect ekj to put him in the van (I'm sure against dr orders) and bring him back down here so she could file the will in Lee County vs a county in Ohio. ekj has been hauling car, van, trailer and truck loads out of here for months. I expect she knows that as soon as we verify that he is deceased that we're going to cut the lock  and be in the property, hence the current visit to take the remainder.

It would seem a reasonable request to access the property to confirm that only daddy's personal property has been removed. Trying to recover any of mother's property while contesting the will will only add to the mess. Thoughts?

On Tue, Nov 17, 2009 at 11:25 AM, Wayne King <> wrote:

---------- Forwarded message ----------

From: <kkbishop2002@yahoo.com>

Date: Tue, Nov 17, 2009 at 10:34 AM

Subject: Re: Athelene King's Estate

To: Wayne King <m>

No she cannot remove anything but for his personal belongings. Am n ct now

------Original Message------

From: Wayne King

To: Karen Bishop

Cc: barbara lochner

Subject: Athelene King's Estate

Sent: Nov 17, 2009 9:48 AM

Good morning Karen. Our father is in a nursing home in New Lebanon, OH via a hospital in Dayton with a diagnosis of pneumonia. Elizabeth arrived last evening and they are loading a van, presumably picking over bones. I expect she will take mother's Buick.

If mother's estate isn't settled can she just take anything because presumably half is still in mother's estate.

Thanks, Wayne King

Sent from my BlackBerry Smartphone provided by Alltel

Reply

Forward

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barbara lochner  to me

show details Oct 18 (3 days ago)

Barbara Lochner

----- Forwarded Message ----

From: Wayne King >

To: Karen Bishop <kkbishop2002@yahoo.com>

Cc: barbara lochner <m>

Sent: Wed, November 18, 2009 2:40:30 PM

Subject: Athelene King's Estate

I can only assume mother's estate is settled. ekj has a VERY large U-Haul truck next door emptying out everything else.

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11.1.09 The Stalker

This was during a time that ekj was next door at Mom and Dad's, Daddy was in Ohio, presumably in a nursing home and ekj had the van down loading more of the contents of the house in it.

I woke up at 6AM, the house was dark, I headed for the kitchen for coffee when the motion detector lights in the back of the house lite up the backyard. I looked out the window and ekj was slowly walking the back perimeter of our yard, but on the farm pasture (no dog). The distance from the house is about 100 feet.

Several days later, neighbors Rick and Sheryl were over for a visit and I mentioned ekj setting off the motion detectors. Sheryl mentioned, in the past she has been up in the middle of  the night to let the dog out and seeing ekj, in the dark walking in the street between our houses.

A week, or so, later Tom and Misti were over and I mentioned the above incidents and Tom said, "I woke up earlier than normal the other day and at 3AM, headed out the door and saw her in the shadow of my headlights while leaving".

Bricks/Car

In the middle of the picture is a vertical PVC post in the ground. This is where a cube of 400 brick were along with a cord of wood. elizabeth gave the wood away and she and daddy (on a walker) moved the bricks and dropped them in my rear driveway. Daddy went to ER and then ICU. elizabeth was willing to kill him so she could cause me problems.
CLICK ON PICTURE TO ENLARGE

8.16.09 Ltr re $14K

From: Wayne King 
Subject: Re: $14,000 and $1000 small claims
To: "barbara lochner"
Date: Sunday, August 16, 2009, 8:53 AM

I did not give permission to settle those outstanding General District Court cases. I was under the understanding that the substance of the cases were to be shifted to Karen Bishop.

---

From: barbara lochner
To: karen bishop <kkbishop2002@yahoo.com>
Cc: wayne king >
Sent: Sunday, August 16, 2009 8:36:30 AM
Subject: $14,000 and $1000 small claims

Karen,   I located a letter (fax) from Adam Kinser to Judge R Larry Lewusm dated March 26, 09 advising him that the cases called out had been settled.  One case was Angela Reed, college loan, and the two others were reimbursement of the insurance moneys and  mother's half of the logging done on the property.   Richard Kennedy was cc'd.   I also have a directive from Quillen's court in Oct, listing these cases and moving them to an unnamed date in December, 08.   I am assuming that Dec date is when Kinser stood up and announced these cases had been settled for the amounts I have stated.  Mother was alive at this time and I have corespondence attempting to collect this money.   These cases were filed by Wayne and possibly he signed off on the settlements or gave permission to the attorneys to sign off.  He will have to provide that information. They had been set for May 13, 2009 but because of the settlement they were dismissed and removed from the courts docket.   I will send copies of the 'play it forward' October mention and the March 26, 09 letter from Kinser to Judge Lewis.  I would like to think this is enough information for you to confirm that LKJ does indeed owe this money to mother's estate as mother was alive at the time LKJ stole the money, at still alive at the time the cases were settled.   Thanks.

8.14.09 Bishop email re $14K

From: kkbishop2002@yahoo.com <kkbishop2002@yahoo.com>
Subject: Re: $14,000 ins $ stolen
To: "barbara lochner" 
Date: Friday, August 14, 2009, 8:03 AM

Thx for info. I did not know. Thought this money was for van and college. She has to pay that back. Will look at court file of jidge mcelyea. Again thank uSent from my BlackBerry Smartphone provided by Alltel

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From: barbara lochner
Date: Fri, 14 Aug 2009 07:05:51 -0700 (PDT)
To: karen bishop<kkbishop2002@yahoo.com>
Subject: $14,000 ins $ stolen

It occurs to me that you don't know anything about this $14,000. LKJ would certainly not volunteer to tell you. For several months dad's caregivers turned in their claims as usual.  I want to say late 07 and spring of 08. When the insurance checks were deposited into dad's bank account, LKJ did not pay the caregivers but kept the money. I had to make up pay to the caregivers from mother's money as parents required 24 hr care.  Over several months, this added up to $14,000 and was documented to the courts satisfaction and LKJ & her lawyers agreed she was to pay it.  She never did.  I doubt LKJ will willingly admit to this but if her lawyer is capable of telling the truth he will confirm this.