Woman claims $822,000 estate rightfully hers

Washington County was to get assets after man’s 2010 death

FAYETTEVILLE — Carl John Smith’s $822,000 estate was put into an account destined for county coffers after he died July 20, 2010, and investigators couldn’t find any living relative.

But a woman who says she is Smith’s first cousin filed a lawsuit May 16 in Washington County Circuit Court to claim the money. Laura Lee Broderick, 61, of Bethel, Conn., has filed documents, including death and birth certificates, to prove she is Smith’s rightful heir.

Broderick said in court records that Smith’s father was her uncle.

“I’m hoping it will be resolved quickly,” said attorney Wendy Howerton, who represents Broderick.

The law prefers to give money to its rightful heir rather than to a government, Howerton said. The estate of a person who dies without a will or heir ends up in the escheat process. Escheat is the transfer of title of property to the government.

Broderick was having medical problems and wasn’t available to comment, Howerton said.

“This [money] would help her dramatically get the care she needs and that she doesn’t have the means to afford,” Howerton said.

The legal case likely will be resolved by the end of the year, said Washington County Attorney Brian Lester. The money is being held by the county treasurer in a separate account.

Smith, who lived at 3103 Karen Ave. in Springdale, had no will when he died at age 63. He retired to Northwest Arkansas from Bethlehem, Conn., according to county clerk records on his estate.

A deputy investigated and found Smith’s mother died years earlier, records show. An attorney taking care of the estate spoke with a city clerk in Bethlehem, but no one knew of any living relatives. A Springdale neighbor called Smith his friend but said he didn’t know of any living relatives of Smith’s.

Smith’s estate was worth about $865,000, including his property, savings bonds, individual retirement account and other accounts, records show. The county sold Smith’s home, 1991 Mercedes-Benz, 2004 Chevrolet pickup, power tools and coin collection.

Washington County stood to get roughly $822,000 for its general fund in July after paying attorneys and others for work on the property, Treasurer Bobby Hill said. State law requires that counties wait seven years after death before putting such money into general funds.

Howerton was hired to find Smith’s relatives years ago, she said. She declined to name the company that hired her.

Smith’s case is unusual, Howerton said. It’s rare to try to get back money that’s in the process of going to the government, she said.

Even which government attorney should handle the case is unclear. Howerton said the prosecuting attorney should handle the case because the county should not simultaneously hold money and allow the county attorney to argue the case. The prosecutor “for the district” is supposed to answer these kinds of legal petitions, according to Arkansas law.

Another state law and county policy requires the county attorney to represent the county, Lester said.

Prosecuting Attorney Matt Durrett said Friday that he isn’t involved in the case. Lester filed a response to Howerton’s claim, arguing that “the county lacks sufficient knowledge” about whether Broderick is Smith’s heir and entitled to make a claim.

Lester said Thursday that he plans to proceed with the case. No trial date had been set as of Friday.

The money would help Washington County, which is struggling with a $5 million gap between spending and revenue this year, justices of the peace said.

Smith’s money won’t solve all the county’s financial woes, said Justice of the Peace Sue Madison, a Democrat representing southeastern Fayetteville.

“It would have helped reduce budget problems,” Madison said. “[But] It would take more than that to solve all of our budget problems anyway.”