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 knew that he possessed conflicts of interest adverse to the trust beneficiaries and that Heilman was disqualified under MCL 700.7303(d) from representing or binding the beneficiaries of the WHJJLT or the RASLT.
At the behest of Heilman, Brower and Caulley, filed Heilman's response to Linda's complaint. The response 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) -- to evade Heilman's removal as trustee under MCL 700.7706 for conflicts of interest. Their concealment and omission of legal authority allowed Heilman to remain as trustee to profit from 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; MRPC 3.3(a) by being dishonest with the probate court and MRPC 3.4 by being dishonest with others -- the beneficiaries of the WHJJLT and the RASLT, and 8.4 - to advance trustee fraud.
Heilman's attorneys were obligated to disclose Heilman's conflicts and disqualification under MCL 700.7303(d), and advise the court that it lacked power to enter binding orders under MCL 700.1403(b)(ii)(D).
Further, her attorney would have known that due to the conflicts between Heilman and Linda, Kirk, All Saints Episcopal Church, and that they possessed claims to contest the 2017 Restatement for self-dealing in violation of MCL 700.1214 and fraud and undue influence on MCL 700.7406.
The cover letter to the response claims the interested parties were served with the response. However, the letter was deceptive as the response was concealed from, and not served upon Kirk, Wounded Warrior Project or Christian Neighbors as required under the provisions of MCL 700.1403(c)(ii), MCR 5.102 and MCR 5.120.
Link to the Response Brower and Caulley filed on behalf of Heilman -- falsely using the title of trustee to protect Heilman and Stoutin's personal interests: Response to Linda's CZ Complaint