Friday, April 30, 2010

Missing Aunt Helen

On March 3, 2001, my Aunt Helen Fabis, 87, was taken by ambulance to the Critical Care Unit of Memorial Community Hospital, Edgerton, profoundly confused, malnourished and in critical condition, and suffering form the effects of Carbon Monoxide poisoning.

On March 8, 2001, Kathleen Simane, Aunt Helen's grandniece, was appointed her Temporary Guardian. In less than 54 days of Simane's tenure, Simane spent all of Aunt Helen's life savings (bank accounts, SS checks, proceeds from sale of stocks, cash), in excess of $75,000.

My Aunt died a pauper in a nursing home on April 30, 2001. Impoverished by Simane, Aunt Helen was waiting to apply for Medicaid and public assistance.

Simane used Aunt Helen's money for her personal extravagances: breast enlargement procedures, a brand new, fully loaded 2001 Chevy Suburban, her rent and utilities, training, food and supplies for her dogs. She left Aunt Helen penniless - not even enough funds for final arrangements and burial. No estate for the heirs. Rock County Probate Court took no action; the Temporary Guardianship was "closed" without any accounting or inventory.

July 20, 2006, Judge James P. Daley admonished Kathleen Simane: "The funds should have been used for her (Helen Fabis) benefit, but you used them for your benefit...You took money from someone who could not protect herself. You were supposed to protect her...We as a people will be judged by how we treat the least in our society and those who cannot help themselves."

Count One Theft By Bailee: Judge Daley sentenced Simane (shown below) to prison for two years, followed by eight years of extended supervision and, Count Two Theft By Bailee: Five years in prison, followed by 10 years extended supervision as a consecutive sentence. The judge stayed the second sentence in favor of 10 years probation. He ordered Simane to pay restitution: $78,289.81 (not the total amount stolen from my Aunt).

Criminal Case: 1) STATE OF WISCONSIN vs Kathleen A. Simane 2005CF000301;

Civil Cases: 2) Rock County Probate Case No. 01GN35 (closed no accounting/inventory);
3) Dane County Probate Case No. 2001PR1252 "open" assets: $00.00;
4) Dane County Case No.: 2002CV003962 Estate of Helen Fabis vs
William Skibbe;
5) Rock County Case No.: 2004CV000375 Estate vs Bank One/Kathleen Simane case "open"/bankruptcy;
6) US Bankruptcy Court District of MN Case No.: 4-37370 Petitioner: Kathleen Simane, "closed";
7) US Bankruptcy Court District of MN Adversarial Case No.: 5-3083 Estate vs Kathleen Simane, "open".

Source:
NASGA - Victims' Stories

See Also:
Great Escapes - "Woman Charged for Swindling Aunt"

Is Kathleen Simane Now Kathy Larson?

8 comments:

Lori Duboys said...

When we lose a beloved family member, it is very difficult for us to deal with it.

As time passes, there is ease - not that we forget; never.

But when your own family member is responsible for the tragic loss of life, we can never forget - or even forgive!

The rage is refueled every time you hear a similar story. And you have to do something to make it right.

You are doing something right, Sylvia, and you're doing a great job - for NASGA and for victims of this outrage.

Betty said...

This is one of the few cases where the victim's family was able to get some accountability. Your Aunt smiles at you from above, Sylvia, and is proud of you!

Your Sister, Estelle said...

Hello "Sunshine" we miss you and love you. from your sister Estelle

Holly said...

It's wonderful to see how something so terrible, you have used for good to assist others/. Keep up the good work!
Thank You

Max said...

I am glad that Kathy Simane went to prison for what she did to your Aunt. I am only sorry she ever got out.

Anonymous said...

I am lucky enough to have three aunts - all treasures. I know the value of a wonderful aunt, a mentor, an inspiration, a cheek to cheek smile whenever one is needed.

You were lucky to have a wonderful aunt and I am sorry she was taken from you.

Norma said...

Holly is right, you have taken a terrible tragedy and instead of folding, you are helping others.

Your Aunt couldn't have asked for a better niece.

Anonymous said...

The crook goes to jail. That should happen far more often.