Subject: Notice of Dispute and Breach of Fiduciary Duty – Estates of Jeanne and John Frank Heyser
From: David Lynch dnl1960 at
yahoo.com
To: Jason Voyles jason at
voyleslawfirm.com
Sent: Tuesday, June 9, 2026 at 08:04:28 PM EDT
Subject: Notice of Dispute and Breach of Fiduciary Duty – Estates of
Jeanne and John Frank Heyser
Dear Jason,
I am writing to you in your capacity as the attorney representing my brother, Charles Lynch, in the probate of the estates of my mother, Jeanne Heyser, and my stepfather, John Frank Heyser.
As a named beneficiary in John Heyser’s will, which explicitly granted ownership of the home at 5580 Meridian Way, Oakwood, GA to Lawrence, Charles, and me, I retain a one-third interest in the equity of this property. I am formally putting you on notice of multiple instances of fiduciary misconduct, self-dealing, and misappropriation of estate assets by Charles.
1. Self-Dealing, Undervaluation of Real Estate, and Bad Faith
Negotiation
On May 6, 2026, Charles informed me via the attached email that he sold
the estate’s property to his girlfriend, Donna. Public records show the
house sold on April 11, 2026, for $420,000. Zillow and local market
comparables place the estimated fair market value of this property at
approximately $597,800.
To provide context on how this transpired: In January 2026, Charles informed me he was trying to get permission from the probate court to sell the house, and that Donna was interested in purchasing it. I explicitly stated to Charles, “If Donna wants to buy the house, she needs to pay Lawrence and me $30,000 each for our equity.” Charles responded by saying, “We cannot do $30,000, but I think we can do $20,000.”
Charles was fully aware of my terms. Instead of continuing negotiations or even notifying me that the house was being sold, he executed the sale behind my back. Worse, in his written email (attached), Charles explicitly admits to orchestrating this "sweetheart deal" to pay off a $30,000 personal debt he owed to Donna. By using an asset co-owned by his brothers to settle his own personal debt with his romantic partner, Charles artificially depleted the estate’s equity by nearly $177,800.
Because Charles acted in bad faith and bypassed our negotiations, I am officially rescinding my previous offer to settle my share of the property for $30,000. Charles's inability to manage the mortgage does not give him the legal right to liquidate estate property to his girlfriend at a massive discount. I am legally entitled to, and am now demanding, my full one-third share of the fair market equity of the home.
2. Misappropriation and Waste of Estate Personal Property
Furthermore, Charles has grossly mismanaged the estate’s personal
property. Charles hastily cleared out the basement and garage of the
Meridian Way property. These areas contained thousands of dollars in
estate valuables meant to be divided among the heirs, including our
mother’s and grandmother’s silver service sets, antique CorningWare, and a
collection of vintage Fenton carnival glass.
In a telephone conversation regarding these boxes, Charles verbally admitted to me that:
As Executor, Charles has no legal authority to barter estate assets with movers or allow his girlfriend to loot the estate’s heirlooms. This constitutes waste and conversion of estate assets.
3. Formal Demand
Please consider this email a formal demand for:
The fact that I served as the full-time caregiver for my mother, John, and Berta for years—exhausting my 401k and taking early Social Security to do so—while Charles borrowed hundreds of thousands of dollars from our mother, only adds to the inequity of this situation. However, my demand rests purely on probate law: Charles cannot legally use his executorship to enrich himself and his girlfriend at the expense of his co-beneficiaries.
I expect to hear back from you regarding how Charles intends to rectify this deficit and compensate me for my rightful one-third share. If we cannot reach a resolution, I am fully prepared to file a petition with the probate court to remove Charles as Executor for breach of fiduciary duty, petition to reverse the fraudulent transfer of the real estate, and seek personal damages against him.
I look forward to your prompt response.
Sincerely,
David Lynch
From: Charles clynchgm75 at
gmail.com
To: David Lynch dnl1960 at yahoo.com
Sent: Wednesday, May 6, 2026 at 11:23:58 AM EDT
Subject: House
I am writing to clarify the reality of the transaction regarding the house.
The property was going into foreclosure because I could no longer make the house payments, a situation of which you were aware. I have carried the financial burden of this house for many years without help, and I simply no longer had the ability to do so.
Furthermore, I owed Donna over $30,000 for past assistance, and she provided an additional $20,000 over the last two years when I couldn't meet the payments. She ultimately offered to pay off the loan and gave me an additional $25,000 to bring the loan into good standing through the end of 2025. It took until April to get clearance to sell the house, at which point it was already three months behind. The choice was either to sell it to her or lose it to the bank.
Bottom line, if you believe the house was sold too low, you are welcome to buy it for the amount Donna currently has invested in it.