Constructive Trust Notice

Constructive Trust Notice for all interested persons, the Estate of Cynthia Mae Cashner claims a constructive trust on all
assets owned by Frederick C. Cashner, Jr.  No property of any kind is to be removed from the premises located at 371 East Tratebas Road, Valparaiso, Porter County,Indiana.  Additionally, no assets are to be used or transferred.  Anyone accepting or assisting in  the transfer of assets, accounts or property shall do so at their own financial risk and will be held accountable.

This is a notice that I am using in a Wrongful Death Case.  It is a very sad situation as a wife was seeking a divorce from her husband in the City of Valparaiso,  Porter County, Indiana.  On Easter Sunday he shot her to death with an AK-47 at her place of business in Portage, Indiana.  Under Indiana Law a murderer cannot inherit from the estate of the person whom he killed. The relevant statute is known as the “Slayers rule” and states as follows: IC 29-1-2-12.1

Constructive Trust

Sec. 12.1. (a) A person is a constructive trustee of any property that is acquired by the person or that the person is otherwise entitled to receive as a result of an individual’s death, including property from a trust, if that person has been found guilty, or guilty but mentally ill, of murder, causing suicide, or voluntary manslaughter, because of the individual’s death. A judgment of conviction is conclusive in a subsequent civil action to have the person declared a constructive trustee.

(b) A civil action may be initiated to have a person declared a constructive trustee of property that is acquired by the person, or that the person is otherwise entitled to receive, including property from a trust, as a result of an individual’s death, if:

(1) the person has been charged with murder, causing suicide, or voluntary manslaughter, because of the individual’s death; and
(2) the person has been found not responsible by reason of insanity at the time of the crime.

If a civil action is initiated under this subsection, the court shall declare that the person is a constructive trustee of the property if by a preponderance of the evidence it is determined that the person killed or caused the suicide of the individual.

(c) If a constructive trust is established under this section, the property that is subject to the trust may be used only to benefit those persons, other than the constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the decedent. However, if any property that the constructive trustee acquired as a result of the decedent’s death has been sold to an innocent purchaser for value who acted in good faith, that property is no longer subject to the constructive trust, but the property received from the purchaser under the transaction becomes subject to the constructive trust.

I am posting this statute and notice on my blog so as to make it more difficult for there to be a claim that someone did not have notice of the trust and claim and that they are an innocent purchaser for value who acted in good faith.  If anyone knows of the transfer of any assets by or on behalf of Frederick C. Cashner, Jr. that have taken place since Easter Sunday, please contact attorney Burton A. Padove at Padove Law.  (219) 836 2200.