Metro Atlanta family loses inheritance, family home, even late uncle’s ashes

ATLANTA, Ga. (Atlanta News First) - Walking around the Lithonia home that once belonged to his uncle, Trahan Brown said, “I have a lot of memories here.

Ciara Cummings
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Metro Atlanta family loses inheritance, family home, even late uncle’s ashes
Atlanta News
Atlanta News

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ATLANTA, Ga. (Atlanta News First) - Walking around the Lithonia home that once belonged to his uncle, Trahan Brown said, “I have a lot of memories here. It’s very emotional.”

The home once belonged to Evans Lee Jr., who died in 2022. Now, Brown’s family is accusing a man who claimed to be Lee’s son of stealing their inheritance, the home and even the ashes of their late uncle himself.

Randy Watson, 48, submitted paperwork in DeKalb County probate court only days after Lee’s death, seeking to inherit whatever assets remained. A probate court petition shows Watson signed a sworn statement he was the “only child” and only “heir.” No additional proof or supplemental documentation was required.

In Georgia, if a loved one dies without a will, relatives must fill out an initial petition for the “letters of administration” to gain the rights to their estate. The petition itself is a sworn document stating the signee is the the rightful person to inherit everything and that what the petition says is true. No other proof is required.

The probate judge appointed Watson as the estate’s administrator, giving Watson access to what Lee left behind.

But Lee was not Watson’s father. In fact, Lee had no children at all. A court-ordered paternity test ordered after Brown and his wife Renee learned about the alleged theft confirmed Watson isn’t related to the family.

More than a year later, a judge ruled in favor of Brown and his family, citing there was neither evidence to prove paternity nor documentation Watson had a right to inherit anything.

But by then, the Lithonia home itself had been foreclosed and auctioned off. Most belongings and sentimental items were gone, including the urn containing Lee’s remains.

“There was never an opportunity to go in the home, clean the home, none of that,” Renee Brown said. “[The house] was cleared out.”

Watson told police he’d been robbed of all the missing items and even Lee’s ashes, according to a Dekalb County incident report.

Atlanta News First Investigates discovered receipt records during the time in which Watson had access to the property. A local disposal company was hired at least twice during that period to move more than 60,000 pounds worth of items.

Meanwhile, F.L Sims Funeral Home was the business tasked with handling Lee’s body and the death certificate after he died in hospice and went unclaimed.

The funeral home told Atlanta News First Investigates Watson later identified himself as Lee’s son; the funeral home did not require proof of kinship or other documentation. It also said another relative vouched for Watson.

There is no Georgia law requiring a funeral home to confirm if someone is truly next of kin. Based on the information Watson provided, the funeral home filled in the death certificate, which is riddled with errors.

The death certificate incorrectly lists the “decedent’s son” as Watson; incorrectly lists the “decedent’s birthplace” as Nebraska (Lee was born in Louisiana); and incorrectly lists “decedent’s father” as unknown (Evans Lee Jr. was a “junior,” he shared the same name as his father).

“Ain’t no way in the world you can just let anybody come in your establishment and say, ‘Hey, I am the next of kin’ without even checking they’re background and seeing if it’s true,” Brown argues, adding his uncle had wanted to be buried next to wife, not cremated.

“I’ve seen cases that are absolutely heartbreaking where things like this happen because the person committing fraud,” said James Clifton, a 15-year veteran probate attorney. “They have no care.”

Clifton argues adults should secure three documents before death: a will, a medical directive, and a financial power of attorney. In cases where there isn’t a will, Clifton said exploiting the probate process is easier.

“It’s unfortunate because that is often the result, that the bad actor receives funds by selling the property or whatever and it’s gone,” Clifton said. “They spend it.”

The attorney argues cases of proven probate fraud should be criminally prosecuted.

The Georgia Secretary of State’s office has referred the case to the state’s licensing board for an investigation into the funeral home and its policies.

DeKalb County police have opened a criminal investigation into Watson.

If there’s something you would like Investigative Reporter Ciara Cummings to look into, fill out this submission form.

July 26, 2024

Story attribution: Ciara Cummings
Atlanta News

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