When is a poor person not?

The hot news from Florida earlier today was that George Zimmerman, accused of killing Trayvon Martin in Sanford, Fla. on February 26, had filed in court as an indigent person.

I guess he forgot about the $200,000 in his PayPal account. Kind of easy to overlook such a paltry sum, right?

This caused me to reflect on a case involving June 7th homicides right here in McHenry County in which a person recently filed a Petition as a Poor Person; you know, an indigent.

In the Florida case Zimmerman was not initially charged. Martin was blamed for attacking him, and Zimmerman claimed self-defense. Martin is dead, and so he can't talk.

In the McHenry County case, the survivor has not been charged with any crime. In fact, if you read all the reports from the McHenry County Sheriff's Department, he is not suspected of any crime. A man from down the road was blamed, and he's dead, so he can't talk.

From the June 9, 2011, Northwest Herald, "(Sheriff Keith) Nygren said Scott Feldkamp had 'absolute authority' to use deadly force to protect himself and his family."

“'He killed a dangerous offender,' Nygren said." 

Case closed.

Nygren's rapid conclusion about what happened on Somerset Drive in Marengo less than two days earlier shows wondrous investigative powers and analysis. It also shows that a conclusion was announced to the press that is not substantiated by the written reports.

On March 7 a Petition and Order to Sue or Defend as Poor Person was filed by Scott Feldkamp as Executor of Audrey Feldkamp's estate in the foreclosure action on the Feldkamp Somerset Drive residence. PNC Bank claims it did not get the June 1, 2011 payment on the mortgage or any payment since.

Were there $52,000 in liquid assets in bank accounts and investments last June? Weren't household furnishings liquidated? Weren't there two vehicles? Since Jack Feldkamp died first, everything went to Audrey. What happened to everything?

PNC filed a Motion for Leave to file an Amended Complaint and to Appoint a Special Representative. The Bank wants William Butcher to serve as Special Representative for the deceased, whom it named in its Motion as "Thomas M. Wagner". Who is Thomas M. Wagner? The Motion named John Feldkamp as the deceased in two other places in the Motion.

On the same day as Scott Feldkamp filed his Petition to be considered a Poor Person, two Appearances were filed in the case of Prairie Community Bank v. John Feldkamp Estate, et al. Scott Feldkamp, as Executor, filed pro se and Attorney R. Duane Slayton, of Hampshire, filed as attorney for the Estate of John Feldkamp. 

The Prairie Community Bank case involves Harmony Real Estate Partnership. Attorney R. Duane Slayton filed a Motion acknowledging IDOT's planned take-over of the property under Eminent Domain. That taking of the property by IDOT could bring $500,000 into the Estate.

Because of the short time between the deaths of Jack Feldkamp and Audrey Feldkamp (only about two hours), the estates warrant careful tracking of assets. Audrey inherited everything from Jack by surviving him. Those with claims against the estates should exercise great care in protecting their financial interests.