Did a State Senator abscond with an estate? An estate accused State Senator Ben Suber (R-Braveheart) of embezzling four condos from his client in a lawsuit filed in Lafayette County Circuit Court.
The complaint states Jimmy Aron owned four units at Orleans Oaks Condominiums. Mr. Aron hired Ben Suber, Esq. to handle several legal matters in 2016. Mr. Suber allegedly wanted to purchase the condos. The estate claims the two parties reached an oral agreement upon a purchase of the four units for $360,000. Mr. Aron conveyed a warranty deed to his attorney on April 11, 2016.
Unfortunately, Mr. Aron was inconsiderate enough to die in a gasoline explosion after the deed was conveyed but before actual payment took place. The Chancellor of Calhoun County appointed Lanora Aron Mills as the executrix of the estate.
Ms. Mills asked Mr. Suber on September 14, 2016 if he wished to "consummate the agreement" according to the terms of the verbal agreement. The plaintiff claims the attorney did not respond. The complaint includes a warranty deed showing a September 25, 2017 conveyance of one unit to an Arkansas LLC.
The defendant finally responded on December 22, 2017 but not in accordance with the estate's wishes. He firmly disputed the alleged purchase price. He said there was a "misunderstanding." The haggling went back and forth until Ms. Mills demanded full payment or return of the properties. Mr. Suber responded with a deed of trust purportedly signed by the deceased. The document was allegedly signed on May 23, 2016. The deed of trust states Mr. Suber owed Mr. Aron $245,000. If he did not make full payment, he could pay in monthly installments of $1,503 for 163 months.
While the estate disputes the authenticity of the deed of trust, Mr. Suber sold the remaining units.
The estate charges the State Senator with breach of contract, conversion, malpractice, and breach of fiduciary duty. The complaint asks the Court to award $360,000 and 25% interest (dated from April 14, 2016). Attorney Charles Merkel, Jr. represents Ms. Mills.
The case is assigned to Special Circuit Judge Jeff Weill.
The defendant asked the Court to dismiss the lawsuit but Judge Weill said nice try but the fight's going to take place. He said there was a genuine issue on fact as to the purchase price and existence of the oral agreement. The defendant claims Mr. Suber did not represent Mr. Aron on the specific matter of the sale of the condos even though he was his long-time attorney. Judge Weill said such issues were to be decided at trial, not in chambers.
22 comments:
Have trouble trusting Politicians and Lawyers separately, but one who is both?????
“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell”
Wow if this is true how big of a scumbag would you have to be to essentially steal from a dead mans widow and kids
A lawyer who enters into a transaction with a client is playing with fire. Just. Don't. Do. It.
Is he a (D) or an (R)
Knowing that fact will determine my level of outrage.
Brings to mind a $100,000 elderly woman's estate issue by a former Mississippi judge and political leader.
bad ju-ju.
Lafayette County. HYDR Hobby Lobby and all that nonsense. #Flagship my rear, they are all a bunch of crooks up there in the hilly delta as they proclaim!
@9:56am - Winner, shut the comments down.
legislators that are also lawyers and are involved in legal matters and insurance litigation are voting on and drafting legislation that benefits them financially. This should be prohibited!
If I recall correctly, the Statute of Frauds provides that for any transaction in real estate to be valid, it must be in writing. Therefore, how would an oral agreement for the sale and purchase of real estate be binding? Any of you lawyers out there have a ruling on this?
This joker must've had a summer job as a runner for Butler Snow when he picked up on the mantra of "the law says you can't do it, but doesn’t provide any penalty if you do so."
1059, should that apply to legislators who are not lawyers but vote on things that may benefit them financially as well? Like maybe voting in the House on the Maryjane bill?
We have a town named Braveheart?
Charlie and Adam will win. Everyone else will get screwed.
11:32, I think detrimental reliance and partial performance of the contract by executing and delivering the deeds could cause the defendant to be estopped from denying the existence of a contract.
I'm surprised the plaintiff didn't include causes of action for unjust enrichment, and constructive trust and equitable lien on the proceeds of the sales of the properties. Personally, I would have filed this in chancery court with those causes of action.
@10:40 He's from Bruce and went to Mississippi State....
@10:40 Who let the dawgs out?????
Oral agreements were not legal the last I heard, did I miss something?
"While oral contracts are valid, written contracts are safer because they outline all terms of the agreement. Be sure to include any spoken promise from the seller, a salesperson or agent in the written contract."
https://www.msbar.org/for-the-public/consumer-information/what-is-a-contract
There is a law called the "State of Frauds" that requires certain contracts to be in writing. However, a party can be estopped from asserting the statute of frauds as a defense in certain factual circumstances. See the comments at 11:32 and 1:30.
Based on the documents posted, it looks like Suber strung the estate attorney along while he worked to sell the properties, without disclosing that to the estate lawyer. If that's what happened, it's pretty slimy.
It seems to me that one can be a politician, or one can be a practicing attorney, but one cannot do both well at the same time. What is considered acceptable in politics may be highly unethical in the practice of law.
Weill is in over his head on this one.
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