Florida estate litigation disputes can rip families apart

Sadly Florida estate litigation within the family is a common occurence but this is another example of how destructive Florida estate litigation can be on family relationships.
If they had prepared a properly funded revocable trust the guardianship itself could have been avoided and the parents could have had more control over what and how the trustee were compensated. Through a power of attorney they could also have retained more control. Unfortunately the estate litigation families pursue can create bad blood and rip apart a family for decades following the estate litigation and things are not resolved once the estate dispute is resolved in court or settled.

As a guardian, a personal representative or a trustee a duty to act fairly and in the best interests of the person(s) you are serving on behalf of exists. It is a fiduciary relationship although improper action and disputes frequently occur.


Blood doesn't run thicker than estate fight
Relatives of Ed Helm, who is running for mayor, say he was "untrustworthy" and "unethical" in handling his late mother's estate.By ADAM C. SMITH, Times Political EditorPublished September 30, 2005

ST. PETERSBURG - Mayoral candidate Ed Helm says he is well equipped to lead a city with 3,500 employees and a $544-million budget. But when it came time to represent his late mother's $400,000 estate, his own relatives called him "unfit" and "erratic," saying he "cannot be trusted" with the job.

The allegations are detailed in probate papers filed in Pinellas-Pasco Circuit Court. Helm and his relatives settled the case two years ago, after a bitter 21/2-year court fight. He denied the numerous allegations against him but remains estranged from many of his relatives.

"As ugly as this family dispute got, I take consolation that within a month of Mom's death she commented to me that I was a good son and a good father," said Helm, a retired labor lawyer running to unseat St. Petersburg Mayor Rick Baker. "I am an Eagle Scout. "On my honor' is the beginning of the Scout oath, and I take my honor seriously."

Among the complaints leveled by Helm's sisters, cousins, nieces and nephews in legal filings:
That as guardian for his dying mother, Helm charged $50 an hour around the clock while she was hospitalized in the last week of her life. They also complained about him billing the estate for time he spent flying from Washington to see his mother in Sarasota.
That he improperly moved his ill mother from Sarasota to St. Petersburg without a judge's approval and without informing other relatives.

That he "engaged in fraudulent activity" to obtain access to checking accounts owned by his mother and father.

That he submitted tens of thousands of dollars in questionable bills for himself and his wife as guardian, and had a conflict of interest in seeking to represent the estate after his mother's death.

"It is evident from his erratic behavior from beginning to end of these traumatic events that he was formulating a veiled plan which by its very nature would be an effort on his part to nefariously convert funds from the estate ... to his own use and ownership," Helm's cousin,

Ronald Klune of Georgia, said in court papers.
Helm said an independent guardian would have charged "five to 10 times more" than he did for helping his mother, and that the courts reviewed and approved everything that occurred.

"We settled this thing. They had an opportunity to dispute and challenge (the fees and expenses) and ultimately they agreed," Helm said.
Several relatives declined to comment for this story. Helm's niece, Wendy Suter of New Jersey, said the family agreed to settle the case because they were exhausted and feared Helm would drain the entire estate on legal fees if the case continued to drag on.
She said she was surprised to hear about him running for mayor.

"It's very concerning that he could hold any public office because of the actions he's taken. In my opinion, he's proven unethical and untrustworthy," she said.
Erma June Helm, a Sarasota real estate broker, died in March 2001 at age 86. Her only son, Ed, had been her guardian over the objection of his two sisters, who wanted an independent guardian.

Once she died, Helm's sisters, cousins, nieces and nephews petitioned the court to bar Helm from serving as personal representative. They said he could not be trusted, had a conflict of interest, and that his own expenses and plans to sue his mother's former lawyers for malpractice would fritter away the assets.

"I do not trust Edward G. Helm to provide accurate and truthful information to his siblings, other family members and/or officers of the court," Helm's niece, Cynthia Suter, said in another filing.

Over Helm's objections, a judge ordered that an independent representative, United Trust Co., handle the estate. But the legal fight dragged on for years amid accusations of foot-dragging and lack of cooperation by Helm. Ultimately, both sides settled the case in the fall of 2003.
Helm said Thursday he loved his family and wished them the best, but that the "spat" was behind them now. He said he had not considered that it might resurface in this campaign but knew that taking on Rick Baker could get tough.

"I'm not in anybody's pocket, not the St. Pete Times, not the Semblers (prominent developers), and in that way I knew I would certainly be more of a threat than any other candidate and it was possible the power structure would really come after me and it could really get ugly."
- Adam C. Smith can be reached at 727893-8241 or adam@sptimes.com