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Inlow heirs accuse Fifth Third, Hall Render of fraud

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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.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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