MADISON, Ind. — Attorneys argued in a Madison, Indiana courtroom on Monday whether it was appropriate to reopen William "Leon" Noel's estate, due to allegations his brother Jamey stole at least $68,000 from it.
Jamey Noel, the former Clark County sheriff, is facing 31 felonies for stealing from the Clark County Sheriff's Office, his nonprofit fire and EMS companies, and his relatives.
Attorney Amy Wheatley is representing Leon's three kids, at least two of whom are over 18 now, and says Jamey didn't respect the wishes of his brother. Wheatley says Leon had a boilerplate will that dictated all of his assets were "to be split among his three kids".
Jamey was the executor of his brother's estate after he died in December 2018, according to Wheatley's petition and Indiana State Police search warrants.
Leon owned two homes, one at 711 Old Salem Road.
According to Wheatley's petition, Jamey undervalued that home, sold it to his own daughter Kasey Noel, and also gave Kasey $36,000 of equity in the home. All of this deprived the rightful heirs tens of thousands of dollars.
Wheatley acknowledges the heirs did get some money from the estate, but it was not the full amount they should have gotten. Wheatley's petition says the three heirs got a total of $66,563.
"It's our petition that this estate be re-opened, and we attempt to claw back some of the fraudulent--fraudulently disposed of assets that were in this estate," Wheatley said to Jefferson County judge D.J. Mote on Monday.
Jamey was present, in handcuffs after being transported from the Scott County jail. Jamey's attorneys did not dispute the facts of the petition, but rather argued Wheatley didn't have standing to reopen the estate. Zach Stewart said Wheatley should withdraw her petition, and instead sue Noel civilly. Wheatley has been very clear to WHAS11 before that this current action is not a lawsuit.
"Mrs. Wheatley may be correct that she has a civil complaint that falls within a separate statute of limitations of six years that she could try to litigate separately. But this is not the proper mechanism," Stewart said.
Wheatley said she is supposed to take depositions on this petition on August 12, and hopes Judge Mote can decide if this petition will continue before then. She said the heirs deserve to get retribution for the $68,000 that was allegedly taken from the estate.
"(They're) pretty angry...pretty hurt. This was a terrible time for them and they trusted their uncle to take care of them...and he didn't," Wheatley said.
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