A Jefferson County man has filed suit against the financial institution that is holding more than $600,000 worth of money that he claims belongs to him.
Albert Dee Downer III claims Roger Dennis Tutt and Juliann Marcie Tutt opened retirement accounts at some point before Roger Tutt’s death. When Roger Tutt died, all of the money in his account passed to Juliann Tutt’s IRA, according to the complaint filed Sept. 20 in Jefferson County District Court.
When Juliann Tutt died in 2011, all of the money was then supposed to go to plaintiff Albert Dee Downer III, the suit states. However, he has been attempting to collect the money without success, the complaint says.
“Even though defendants acknowledge plaintiff as owner of the accounts and that the value of the accounts as of June 30, 2012, total $641,195.08, defendants have refused to pay the funds to plaintiff, even after repeated demands by plaintiff and a single demand letter by plaintiff’s lawyers,” the suit states.
In his complaint, Downer names AG Cooper and Allan G. Cooper as defendants.
Downer alleges breach of contract, violation of common law duties, fraud, breach of fiduciary duty and violations of the Deceptive Trade Practices Act against the defendants.
He is seeking actual and exemplary damages, pre- and post-judgment interest, costs, attorney’s fees and other relief the court deems just.
Kenneth W. Lewis of Bush Lewis in Beaumont will be representing him.
The case has been assigned to Judge Bob Wortham, 58th District Court.
Case No. A193-198