March 2020
In March of 2020, Linda Smith's attorney filed a complaint on her behalf against David R. Heilman as Trustee of the William H. Johnson Jr. Living Trust and the Ralph A. Siddell Living Trust, where Linda's attorney was obligated to pick a case-type code for her complaint at the time it was filed. Based on the documents that he possessed at the time he filed the complaint, he selected a "CZ" case-type.
The case-type code is relevant because Brower and Caulley used that case-type code to later claim in 2021, that Linda's amendment was untimely and she was prevented from amending a CZ complaint to add claims for undue influence for a proceeding required under a TV proceeding.
Had Heilman, and attorneys Helder, Brower and Caulley been truthful and produced information from the 2012 Restatement -- in other words not violated MCL 700.7814, et seq. -- to conceal her interests under that Restatement, Linda would have been afforded sufficient time to bring her claims to contest the trust.
Link to the Complaint that Neil Jansen filed for Linda Smith in the Allegan County Probate Court: Complaint
On April 15, 2020, Heilman and his attorneys filed Heilman's response to Linda Smith's complaint.
They knew or should have known that Heilman possessed personal interests that conflicted with the beneficiaries of the William H. Johnson Jr. Living Trust and of the Ralph A. Siddell Living Trust. Consequently, they knew or should have known that Heilman was disqualified from acting as trustee of either trust under MCL 700.7303(d), and that he was barred by law from representing or binding the beneficiaries of either trust due to his conflicts of interest.
The response, signed under oath under MCL 700.1306, contained false representations and concealed material information that included Heilman's conflicts of interest (through concealment of the 2012 Restatement) and omitted controlling legal authority -- MCL 700.7303(d). We allege this was to evade Heilman's removal as trustee under MCL 700.7706 for his conflicts of interest. Further, we allege their concealment and omission of legal authority allowed Heilman to remain as trustee to shield his elder financial exploitation of Ralph and the embezzlement of trust assets.
We allege when Brower and Caulley filed Heilman's response, they violated MRPC 1.7 by representing multiple competing interests:
David Heilman and George Stoutin's personal interests under the 2017 Restatement to the Ralph A. Siddell Living Trust;
Trustee of the Ralph A. Siddell Living Trust who owed fiduciary duties of loyalty to the beneficiaries of that trust;
Trustee of the William H. Johnson Jr. Living Trust who owed fiduciary duties of loyalty to the beneficiaries of that trust to reclaim assets allegedly converted and embezzled by financially exploiting Ralph Siddell as a "money mule" and the circumvention of MCL 700.7417, MCL 700.7820a and MCL 700.7184(1) and (2).
We allege Heilman's attorneys violated:
MRPC 3.3(a) by being dishonest with the probate court and omitting controlling legal authority and the fact that the probate court lacked power to enter orders binding beneficiaries under MCL 700.1403(b)(ii)(D)
MRPC 3.4 by being dishonest with others by intentionally omitting David Heilman's conflicts of interests under MCL 700.7303(d),
MRPC 8.4 - fraud to advance a scheme to defraud beneficiaries.
The cover letter transmitting the response indicated it was served on the interested parties. However, the letter and response were not served on all interested parties as claimed as it was not served on Kirk Siddell, Wounded Warrior Project or Christian Neighbors as required by the notice and duty provisions of MCL 700.1403(c)(ii), MCR 5.102 and MCR 5.120.
The link to Heilman's response filed by attorneys Brower and Caulley -- falsely used the title of trustee to protect Heilman and Stoutin's personal interests: Response to Linda's CZ Complaint
Since the response was served by mail and email, we allege this may violate 18 USC 1341 and 18 USC 1343. By using the title as trustee, we believe that Heilman, Brower and Caulley may have violated 18 USC 1342.