Thursday, January 28, 2010

Texas Woman Sold Home Out From Under Grandmother, Pocketing Bulk Of Sale Proceeds, Says Suit; Constructive Trust Sought For Value Of Home

In Jefferson County, Texas, The Southeast Texas Record reports:
  • A Groves woman claims her granddaughter sold her home without her knowledge and only gave her $6,000 from the $148,000 transaction. Lenora Fawcett filed a lawsuit in Jefferson County District Court against Stephen and Kimberly Young.

  • Fawcett claims she built a house on property belonging to her daughter and son-in-law, Deborah and Donald Avery, in 1999. According to the complaint, Fawcett paid for the house with cash proceeds from a stock sale and moved into the new home on Memorial Day 2000. A year later, Donald Avery died and left his entire estate to his wife, the suit states.

  • In turn, Deborah Avery deeded the property to Fawcett's granddaughter, Kimberly Young, and her husband, Stephen Young. Although Avery deeded the property to the Youngs, Fawcett says she continued to live in the home with no problems until April 2009 when she fell and became hospitalized. After she was discharged, Fawcett spent four weeks in rehabilitation in a nursing home. According to the complaint, Fawcett then decided to temporarily live with her daughter, Deborah Avery, in Port Arthur. "While recovering, her belongings were removed from her house without her knowledge or consent and placed in a storage POD," the suit states.

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  • Fawcett wants the court to impose a constructive trust on the proceeds of the sale of property for the value of her home. She is also seeking actual and exemplary damages, interest, attorneys' fees, costs and other relief to which she may be entitled.

For the story, see Groves woman claims granddaughter withheld proceeds from home sale.