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Jan. 5, 2009 | Metro East's Legal Journal
 
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Assets withheld from mom's, grandma's estate, suit claims

9/4/2008 7:33 AM

Jayme Brown, John Negreti and Chad Mosier have filed suit against Greg Briner, alleging they have not received money and items due them from a trust.

Brown, Negreti and Mosier claim Briner is a trustee of Launa J. Lincoln's estate, according to a complaint filed Sept. 2 in Madison County Circuit Court.

Lincoln died April 23, according to the complaint.

Brown, Negreti and Mosier claim Briner is unlawfully withholding assets from them, including savings and checking accounts, a certificate of deposit and other assets in Lincoln's name.

"The conduct of Defendant, as described hereinabove, was intentional and outrageous because of his evil motives and reckless indifference to the rights of others, including Plaintiffs," they claim in the suit.

They claim Briner, Lincoln's son, is entitled to a solid mahogany desk and Jayme J. Barratt, her daughter, should receive her jewelry, according to the trust.

They also claim the trust states Briner and Barratt should receive an amount equal to 40 percent of the trust and Mosier, her grandson, should have a sum equal to 5 percent.

Brown, Negreti and Mosier claim Briner has violated his duty to administer trust in good faith, has failed to make a full and proper accounting of the trust property despite repeated demands, and has unlawfully withheld substantial assets of the trust which belong to them.

Because of Briner's breach of duty, Brown Negreti and Mosier claim they have lost in excess of $50,000.

In the two-count suit, they seek punitive damages in excess of $100,000, plus court costs and other relief the court deems just and proper.

They are represented by Mark John Dean of Barklage, Brett, Wibbenmeyer & Hamill, P.C. in St. Charles, Mo.





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