Groves woman claims granddaughter withheld proceeds from home sale

Kelly Holleran Jan. 20, 2010, 3:28am

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.

"The real property, along with Plaintiff's house, was sold by Stephen and Kimberly Young. The deed was filed May 13, 2009, and conveyed the property for cash and a note of $148,453."

After the incident, the Youngs moved to Brock, Texas, where they are currently building a new home.

Meanwhile, Kimberly Young mailed a check worth $6,000 to her grandmother accompanied by a letter in which she apologized for not sending the amount intended and explained she did not sell the house for what she expected, the complaint says.

"When Defendants sold the property, they sold Plaintiff's house as part of the sale and kept all of the proceeds, except for $6,000," the suit states.

"Plaintiff asserts that the value of her house far exceeds that amount. Plaintiff asks the court to impose a constructive trust on that portion of the proceeds of the sale of the property by Stephen Young and Kimberly Young which represents Plaintiff's personal property."

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.

Bruce Gregory of Gregory Law Firm in Port Neches will be representing Fawcett.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Jefferson County District Court case number: A185-703.

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