GUILTY Bali - Sheila von Wiese Mack, 62, found dead in suitcase, 12 Aug 2014 #5

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Well if they are lobbying around figures like the original 1.56 million and now 2 million as being the funds in the "trust", they are likely talking about the value of the whole estate? And it's increasing now that WW has liquidated everything and its all in an invested cash form now? Seems hard to believe that even with all these legal bills, the estate/trust has increased in value by a half million dollars in less than a year?

MOO
 
http://www.nbcchicago.com/news/local/heather-mack-305755341.html

A judge in Cook County on Monday urged all parties involved in a legal battle over Heather Mack’s contested trust fund to wrap things up soon for the sake of Mack’s baby daughter, Stella.

Judge Neil Cohen said he did not want lawyers "eating up" the money for the child. He asked attorneys representing Mack, Stella and Mack’s uncle, William Wiese, to agree on a financial plan that provides for Stella now and in the future.

"I have to make sure that a child who has hurt nobody is given a fair shake," Cohen said.
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and...

Sheila von Wiese Mack left behind a trust fund totaling more than $2 million, but the money became the focus of a legal battle in Cook County Court around the same time Mack was given permission to access the fund to pay for legal fees. Lawyers representing von Wiese Mack’s brother, William Wiese, raised objections. A special interim trustee was named to oversee the funds earlier this year.

Mack’s defense attorney in Indonesia, Ari Soenardi, is in the process of being paid the remainder of his $150,000 fee. The special interim trustee has since been granted his request to be relieved.
Click to expand...

This is what I meant about imprecise reporting. I have no idea where the $2 million figure for the trust came from. Maybe the assets have been well-invested?
 
ajaylee said:
HM, working through Favia, is seeking to settle 1/3 of her trust on Stella. Since Cohen was handling the original challenges to the trust payouts (including replacing WW as trustee), he seems to be taking this on as well.

Interesting legally. Seems like a big potential loophole to setting up a trust for a child/young adult to oversee spending. The most recent court date was to discuss these issues and that's where Cohen asked the attorneys to think about Stella and her future.

Also in the article about the most recent court date was the $2 million value. Some reporting isn't that precise, so it is not clear where that figure came from.
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I kind of doubt it, jurisdiction doesn't generally work in that fashion, Flavia has no other source save HM's trust, which is why she had to file in Cohen's court. Stating what you are asking the court to do in your pleadings does not confer jurisidiction over a person.
 
What I wouldn't give to be able to read the whole court file!!!! Then I wouldn't have to guess at any of this...none of us would :gaah:
 
gracehatter said:
What I wouldn't give to be able to read the whole court file!!!! Then I wouldn't have to guess at any of this...none of us would :gaah:
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HM can sign a disclaimer on her trust, basically stating she does not want 1/3 of her trust and handing it over to Stella. This insures that if the Slayer Statute is found, at least HM can control Stella's share until Stella turns 18. It is not so much as Cohen taking jurisdiction over a person, but trying to keep the $ going to Stella under higher scrutiny, or rather from bleeding the 1/3 down in baby's lawyer fees. Now, the only thing that bugs me out of this is IL does uphold the predeceased ruling in Slayer cases - this is obviously being ignored. They are trying to move the $ if that ruling should come.

The Estate Case is in Probate and is being liquidated, the funds liquidated are then tossed into the Trust; eg. sale of the Condo etc., so the total amount of the Trust is changing up and down. I would not count on exact figures reported by the media.
 
Bugbear said:
HM can sign a disclaimer on her trust, basically stating she does not want 1/3 of her trust and handing it over to Stella. This insures that if the Slayer Statute is found, at least HM can control Stella's share until Stella turns 18. It is not so much as Cohen taking jurisdiction over a person, but trying to keep the $ going to Stella under higher scrutiny, or rather from bleeding the 1/3 down in baby's lawyer fees. Now, the only thing that bugs me out of this is IL does uphold the predeceased ruling in Slayer cases - this is obviously being ignored. They are trying to move the $ if that ruling should come.

The Estate Case is in Probate and is being liquidated, the funds liquidated are then tossed into the Trust; eg. sale of the Condo etc., so the total amount of the Trust is changing up and down. I would not count on exact figures reported by the media.
Click to expand...

I was questioning jurisdiction because of a post up thread that inferred Cohen now has some authority over the baby and to rule on where Stella will be living and so on and I do not believe he does.

I really get the feeling that Cohen has no intention of approving any more disbursements until he rules on the application of the Slayer's statute...surely to do so is begging for an appeal. At this point, the trustee (WW) can do his job without interference until it is challenged again.

Do we know for a fact the Estate funds are to be placed into HM's Trust? It makes sense that SWM would have directed that in her will, I didn't realize it had been definitively established that is what the will directs.
 
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=

Funds just dispersed 06/04/2015 by WW (who is back in control) I can not say if that is just last of Bali Attorney Fees though.

He can keep agreeing to disperse until the final ruling on slayer. The lawyers are scrambling to get this $ freed up before that ruling comes in. Seems Cohen has moved his focus from HM to now Stella on that note as well. It's not exactly your everyday chancery case that's for sure, Cohen's rulings in this case will matter in predeceased cases where babies are born post-deceased. I do however, find it irresponsible to move $ from HM to Stella prior to coming to a ruling on Slayer.

I keep in mind they have not yet separated out the three crimes bundled in the Bali Article to find HM guilty of the Slayer, so the fight for $ goes on.

On the note of Estate liquidation, it is kind of buried in all the Lawyers in the Chancery - we can not see all that is filed so I guess no way of knowing :( (certificates & exhibits filed from each firm)
 
My top four questions:

1) will HM get the $200K for her sentence reduction, er, appeal?

2) who will be the trustee on Stella's part of the trust?

3) is it likely that if WW won't give HM $200K for her appeal that she will be able to get the money from Stella's share of the trust?

4) have we heard the last from TS and Kia? Or is more of the story going to come out?

ETA: I think HM is done with TS and movin' on to VonMar. Even less likely that she would agree to give Stella to Kia if she's dumping Kia's son, the baby-daddy.
 
http://www.dailymail.co.uk/news/art...ten-year-sentence-sadistic-murder-mother.html

The young American woman serving 10 years in a Bali jail for the ‘sadistic’ murder of her mother is set to hand over her baby daughter to a family living on the holiday island, it can be revealed today.

Heather Mack, 20, is understood to in negotiations to place three-month-old baby Stella, who was born in a prison hospital last March, into the care of an Australian family living in Bali.

Daily Mail Online has been told that the little girl, who is currently living with her convicted mother in a cell in the notorious Kerobokan Prison with eight other women, could be handed over to the family in four months’ time.

Much of her $1.3million trust fund has already gone to the baby, and she is considering transferring the rest to the little girl to ensure she can be cared for properly while Mack is behind bars.

 
Elkin speaks
http://www.chicagotribune.com/news/...i-heather-mack-stella-met-20150610-story.html

"She wants to do what's in the best interest of her child," said Michael Elkin, one of Mack's Chicago lawyers. "She loves Stella very much and wants to ensure she is in the safest place possible."

He said the decision is not final, as Mack awaits clarification of her conviction and sentencing guidelines. If the safety plan does happen, he said, the process would be gradual and done in the "least traumatic way possible" for the child. Elkin said it's very important to Mack that she gets regular visits.

Lawyers are due back in his courtroom Friday. For the first time, relatives of the slain woman are expected to attend the proceeding while in town for a weekend memorial concert held in Sheila von Wiese-Mack's honor in Evanston.

NBC's Interview - http://www.nbcchicago.com/news/local/heather-mack--306727661.html
"I walk, sleep, think, and dream Stella," Mack wrote. "It's not so much as I am worried about me, as painful as it is, I want Stella to have a healthy environment, where she sees me daily."
:facepalm:

I have to wonder why all these media outlets have forgotten how this all started? Everything is about this baby, nothing is on what or where things stand with grieving friends / family, or the stuffing SWM into a suitcase, the brutal beating SWM took. Maybe someone needs to remind them all, I am hoping SWM's family in court can bring that back into focus.

Updates on Chancery - New Attorney 06/08/2015
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=
 
Why do we keep getting these little news blurts about something every once in a while. What is HM trying to get now that she feels requires a media blitz?
 
And why is HM "waiting for clarification on her conviction and sentence"? Have they not received a written copy of the verdict yet? Or did they just not like what it said or are concerned about how it may be interpreted? Therefore it may be time to transfer all funds to Stella just in case?

I hope as soon as HM gives the baby over to the Australian family (for a monthly "foster fee" that Stella's trust will pay I'm sure) the authorities in Indonesia transfer HM to another facility.

MOO
 
I wonder if this is negotiated to have Stella out of the hands of either parent and family and a way for Heather to get $$ in exchange for withdrawing all challenges to the trust and estate. Kind of farfetched but it could happen. No real basis for that thought, it just popped into my head.
 
Just my thoughts here... I am guessing Stella is coming into great use to move the $ before that verdict comes in. So having the media play up a cute baby is seemingly working in HM & Lawyers favor to get that $ out before it is too late.

One disclaimer and poof, it's done. I have a problem with this... and that being the predeceased status upon a guilty verdict. Stella would be a 2 mos. old fetus obviously would not exist. In short, they seem to be ignoring the slayer statute and what is written in IL. Easier to pass the $ and ignore who actually has access to it, the parents.

Edit: I should re-phrase. I am not against Stella having all of the $, poor kid does not deserve this hardship. I really only hope that the new Trust is set up with exclusions to insure those that killed for the $ never have access to it in any form. (rent, phones, cars, etc. as maintenance / support)
 
Sheila von Wiese-Mack Memorial Concert
Saturday, June 13, 2:30–4:30 pm, Community Meeting Room, Main Library

http://www.epl.org/index.php?option...ial-concert-&catid=41:adult-events&Itemid=309

Music lovers are encouraged to attend the piano dedication and memorial concert performed in tribute to Sheila von Wiese-Mack, wife of Chicago music icon James Mack. David Yonan, violin will perform a recital with pianist Steven Greene, which will include Fine Arts Music Society guest artists Lawrence Block, cello, William Dresden, piano, Susan Merdinger, piano, Mathias Tacke, violin. The recital will include works by Gershwin, Grieg, Levinson, Mendelssohn, Paert, Ravel and Schubert. This concert will be the opening concert of the 5th Fine Arts Musical Society (FAMS) Summer Musical Festival. The baby grand piano featured in this concert was generously donated by her family and her friend, David Yonan, to Evanston Public Library in loving memory of Sheila von Wiese-Mack. “May her love of music, books, arts, culture, and friendship continue to inspire.”
 
Respectfully snipped by me...

Bugbear said:
I have to wonder why all these media outlets have forgotten how this all started? Everything is about this baby, nothing is on what or where things stand with grieving friends / family, or the stuffing SWM into a suitcase, the brutal beating SWM took. Maybe someone needs to remind them all, I am hoping SWM's family in court can bring that back into focus.

Updates on Chancery - New Attorney 06/08/2015
https://w3.courtlink.lexisnexis.com...v=&caseno=&PLtype=1&sname=mack+heather&CDate=
Click to expand...

My bold...
Yes, the focus needs to come back to the woman who lost her life at the hands of her daughter and her boyfriend - the crime - and the true and actual intention of the murder - the greed and the continual violence that SVWM went through while she lived - and the horrid undignified way her life was ended.
Presently, Justice and the system that is supposed to protect the victim is increasingly and seemingly looking to protect the perpetrators and their offspring.

HM has been given 10 years in jail.
No where did the Courts mention a retraction of charges.
We know the sentence does not reflect the charges - it reflects the amount of money paid for a reduction in sentencing.
A lesser sentence does not mean a lesser charge or a lesser crime.

The Slayer Rule needs to come into effect.

It was mentioned time and time gain here on WS that the baby would be used to get to the money.
How true.

The focus should be off the child completely.
This child is being held in prison as HM ransoms the well-being and quality of life of the child for the money she had a hand in killing her own mother for.
If HM had really cared - this child would never have seen the inside of Kerobakan. Ever.

So many people effected by the murder of SvWM - so many other unintended casualties from this Murder.

JMO
 
IslandLover said:
Noor Ellis gets 12 years for the premeditated murder of her husband. So, 2 years more than HM. Two of the hitmen she paid to do the job also got only 12 years. I wonder how much she had to pay to get such a light sentence? Again it proves what a joke the Indonesian legal system is.

http://www.bangkokpost.com/news/asean/588385/indonesian-wife-jailed-12-years-for-briton-murder
Click to expand...

I have posted before: I wish we were hearing more from TS.

I hope he hears about this. HM gets 10 years, Noor Ellis gets 12 years - and TS got 18 years for 'being strong'.

Didn't even get his $50K and he knows he's losing his baby-mama. I hope he hears about this and weeps every day for the next 18 years.

On a side note: HM may be lucky TS is broke. Jurisdiction is pretty complicated in this case, but I imagine if Elkin was on TS's side, he'd be bringing up father's rights and trying to get $ out of HM that way.
 
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