ILNews

Inlow heirs accuse Fifth Third, Hall Render of fraud

Back to TopE-mailPrintBookmark and Share

A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his estate will get a hearing Friday in Hamilton County Court.

The Inlow children and their attorneys say they’re being defrauded by Fifth Third Bank, the fiduciary of the estate, and its law firm, Indianapolis-based Hall Render Killian Heath & Lyman P.C., “who strive endlessly to drain the Estate of every last dime,” according to a petition filed in June.

According to that document, Fifth Third has paid itself and Hall Render about $1.5 million in fees since Fifth Third was selected by the Inlow children in 2000. Hall Render has filed petitions claiming it is owed another $760,873 for work performed since 2004.

But the Inlows and their law firm, Indianapolis-based Frank & Kraft, have challenged the release of those funds for six years. Marvin Frank, one of the attorneys that represents Jason, Jeremy and Sarah Inlow, and their sister Heather Johnson, declined to comment.

Inlow was chief counsel for Carmel-based Conseco when he was killed by a helicopter rotor in a 1997 accident. His estate was valued at $180 million when he died, and the heirs all received distributions of money following an April 2004 agreement. The Inlows now believe only $600,000 remains in the estate -- more than the fees sought by Hall Render.

But Hall Render attorney David Honig said the fault lies with the Inlows and their lawyers, who have filed a string of legal actions against Fifth Third while at the same time refusing to pay.

“Other than fee petitions, neither Hall Render or Fifth Third have initiated any of the litigation that has extended this case for the past three years,” Honig said in an interview.

At the 9 a.m. hearing Friday before Hamilton Superior Judge Steve Nation, Honig plans to argue that the Inlows’ latest claims have already been decided by a December ruling in Marion County Court, where legal issues about the Inlow heirs’ trusts were decided.

On Dec. 31, 2009, then-Marion Superior Judge Tanya Walton Pratt ruled that some of Hall Render’s disputed legal work was legitimate and deserved reimbursement.

“We do not like being accused of theft and fraud, particularly when those accusations have been heard in open court and found to be false,” Honig said.

The Inlow heirs and Frank & Kraft have been formally trying to remove Fifth Third as the estate’s representative since April 2009, according to documents that had been under seal in Hamilton County Court.

They argued that Fifth Third had failed to post a required bond and had become a different company after it merged with other banks following its selection by the Inlows. Those arguments were rejected by Judge Nation last year.

But before they were, the Inlows filed a new claim, saying that Fifth Third had proved itself unsuitable as a fiduciary of the estate because it failed to file proper accounting of the estate’s assets and had obtained fees under false pretenses.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT