Lucas McNair
State of Indiana
In Re: the Guardianship of Lucas McNair
Case Number: 79C01-0208-GU-000063
Court: Tippecanoe Circuit Court, Lafayette, IN 47904
Filed: 8/2/2002
Notes
Called 8/16/22. 43, on SSI disability ($1,000) survivors pension ($732), Mother removed as guardian in early 2022. Lucas is his own payee. Mother paid cash for home $70,000 in 2013 with money left for Lucas from his father. She owns the home in an LLC. Works and makes about $10,000/year. Has three cars and has lived in the home continuously since 2013.
Mother no longer speaks to or communicates directly with Lucas. Lucas has never seen his father’s will, the trust, or the LLC operating agreement.
Father died in 2003, was the CFO for Ally Custom Vacuum Company. Made tanks for cryogenic trailers. Had a large stock portfolio and stock in Ally. Thinks there might be an irrevocable trust. Second wife, five kids total. Lucas has no idea what his father left him. Father had a trust and he believes the mother was the successor trustee. Attorneys have said one exists.
Rob McNevin, Esq. filed an appearance on 8/15/22. Lucas trusts him and he seems to be doing the right thing.
Summary
08/02/2002 Temporary Guardianship moved from Carroll County to Tippecanoe County
I had initially been being committed involuntarily by my mother who insisted I have a chemical imbalance. I’m not sure exactly why I was being committed other than having occasional episodes of just freaking out and becoming very agitated and frustrated. My guardian was extremely mentally abusive and controlling.
I was declared mentally ill and would go through involuntary commitments at the request of my mother.
Shortly after the guardianship was established, in 2003 my father passed away due to heart complications surrounding a wrongful death incident resulting from a car crash. My mother was rewarded a wrongful death claim and I am curious if there was any insurance claim I may be beneficiary of resulting in my fathers passing.
So from 2003 to 2009, nothing was done in court as far as accounting or routine annual checkups. NONE. In 2009 it looks like the courts requested that an accounting be filed. Shortly after the court requested an accounting be filed, an accounting was filed but the judge found that it was not adequate.
To this day, there have been no hearings for accounting or checkups. I have complete confusion regarding the personal affairs and accounting details surrounding my home and life. My first lawyer said that I have a trust but Carla (my mother) did not put it in my name. My second lawyer told me I have an irrevocable trust, but later changed his story and said that I do not have a trust which led to me firing him over the confusion.
I have been curious about money left from my father as this did not add up.
Around 2009, I sort of began trying to become successful and began growing personally with ambitions, working and pursuing jobs.
In 2012 I was entered into a purchase agreement to purchase my house here in Lafayette Indiana. At that time, I was not my own payee.
My mother was receiving my social security checks, as well as a professional payee service, GreenLeaf Custodial services.
I was starting to become very suspicious of my accounting and at the time did not even know that I was in a guardianship situation. I thought that Carla had a power of attorney, but because I had not been involved in any annual checkups or accounting hearings I was not aware that there was a permanent guardianship.
I grew suspicious for several reasons and decided that I would use a recording device to capture a discussion about finances.
So in this discussion, my mother and former guardian admitted to lying about finances and referenced and irrevocable trust. She did not tell me what she lied about in the conversation, only that she had lied and felt guilty.
So at this point I am starting to become very frustrated and suspicious. Around 2019 I hired a lawyer to help me figure out my legal situation and get some answers. We were working on my case, and I still had a moderate relationship with my mother at the time. There was an incident at her house where I was working on one of my vehicles to try and use it for a job mounting TV’s. We had a verbal argument over finances and I left. She had my truck towed to a junk yard to be crushed.
We were arguing about money and she had still not told me what she was lying about.
So at this point there was a lot of unnecessary fighting and drama taking place due to the murkiness of financials surrounding my guardianship. Shortly there after there was a property dispute with my neighbor who was objecting to me cleaning up the brush on my property. I called my mother who was my guardian at the time to resolve the property disputes but she took no action. Take into consideration that I have no control of my house and property as it is owned by LMB Stargift LLC, a company that my mother established and owns operates.
The neighbor installed cameras surrounding my home and began spying on me non-stop.
So eventually all of the drama surrounding the property ended in the neighbor blocking access to my property for maintenance purposes. There was police involvement regarding the dispute but Carla, my guardian at the time was no where to help and answer questions regarding the property.
So I soon began focusing on getting this guardianship removed as it has clearly been working against me as a thorn in my side. This guardianship is not in place to help me in any way. The gaslighting effect of not knowing what is happening with the finances is playing a huge role in the frustration and humiliation surrounding my life.
So this is when I begin working with my first lawyer who proves to be making a deal without my awareness. He tells me that he is going to get me an accounting, but actually canceled the accounting hearing that I had filed a motion for and had scheduled.
After a while, I decided that he is lying to me and ask him to remove himself from my case, too where he tries to enter a motion of summary judgment(tried to decide the case without my consent) where I had explicitly asked him to remove himself from my case.
So the judge denied his motion of summary judgment and removed him as my attorney.
Now my second attorney seemed to be doing similar to my first attorney. I asked him if I have a trust, and initially he says that I have a irrevocable trust that needs to be reformed but not to worry about that. I asked him questions about the trust and explained that I want to know all aspects of my accounting and guardianship as this is important for exiting my guardianship and being aware. The attorney made comments of having to “read the trust files” and would get back to me. So at this point I asked him for a copy of the trust and he began stonewalling and not returning my emails. Eventually, he said that he had confused me for another client and that there was no trust at all. So this broke down the trust in our relationship and I now have another attorney.
So I have a court hearing this month on the 30th… I am still trying to get answers on accounting. There is a whole bank account that has not been referenced in any of the incomplete accounting that my former guardian (mother) and her attorney have filed. There are no records of house payments in the accounting they have filed. I have records of correspondence from Greenleaf payee custodial services where my guardian, Carla, had requested house payments to be made to her.. However, I have no access to that account and that bank account was closed for some reason without my involvement having become my own payee.
I still, to this day have no idea how many house payments were made, and because of this and comments made by her lawyer I fear I may lose my house.
So I am just here now, waiting for court so that I can figure out what will happen with my home and if I will ever have the basic financial answers I need.
It looks like there is a trust that Carla did not put in my name and has since been not keeping records appropriately.
It does not look like my lawyers are compelled to be transparent with my financial information as they may be leeching off of the trust without my knowledge as I have been labeled “incapacitated” and by definition not treated as any sort of relevant party in my life. They seem to ignore and brush off any direct questions about financial information.
-Lucas