The widow of attorney Fred Hanzelik is suing his sons by a prior wife, claiming they took $40,000 cash and other items from a safe deposit box after he died Oct. 24.
Misty Hanzelik, who is the executor of the estate, is suing Ryan and Sean Hanzelik.
Attorney Hanzelik left an estate worth over $2 million.
The suit says attorney Hanzelik opened the safe deposit box at Community National Bank in Rossville with his sons as additional parties able to access the box.
She said the $40,000 was put in the box along with a number of other unknown items.
Ms. Hanzelik said after the death of their father that the two sons accessed the box on Nov. 7 and Dec. 5.
The bank was asked to open the box on Dec. 10 and it was empty.
Ms. Hanzelik said she asked the sons to return the cash and items, saying they were part of the estate. She said they have refused to do so.
Ryan Hanzelik, who is an attorney in East Ridge, said, "It is long established law that, when multiple individuals enter into a written, executed contract giving each other joint tenancy with rights of survivorship in clear and unambiguous language that a joint tenancy with rights of survivorship is intended, this creates a joint tenancy enforceable according to its terms; and upon the death of one of the joint tenants, the proceeds pass to the survivor. Our written and executed agreement was plain and unambiguous on its face. If you want to read about the law, see Lowry v. Lowry, 541 S.W.2d 128.
"My brother and I had such a contract with our father which Misty Hanzelik attached to the complaint that she filed with the court. T.C.A. 45-2-905, the bank’s contract and the law make us the owners of the contents of the box.
"We are greatly disappointed with Misty Hanzelik's and the estate's actions and we will fearlessly and unashamedly defend ourselves against her frivolous allegations."
Sean Hanzelik said, “My brother and I were joint tenants with right of survivorship on this account with our father for nearly 15 years when he died back in October. His instructions were explicit and clear should something ever happen to him, and we believe the law clearly supports our position and his request. We had every legal right to enter the box, remove its contents, and do with them as we pleased. This lawsuit is a petty and frivolous waste of our legal system’s valuable resources and will hopefully be quickly dismissed.”
The estate goes to a trust set up by attorney Hanzelik in 2008.
Heirs are Misty Hanzelik of Missionary Ridge, Sean Hanzelik of Hixson, Ryan Hanzelik of East Ridge, April Jewell of Los Angeles, Nicolas Hanzelik of Westminster, Colo., and a minor son.
Ryan Hanzelik was initially set to close out the Fred Hanzelik law firm. However, attorney Jessica R. Miller of Cleveland, Tn., was later appointed to do so.