Alan Schnitker crashed his BMW at over 100 mph in 2007, ending his life and leaving his family to sort out the wreckage of his estate, at one time valued at near $3 million.
A Buchanan County jury this week ruled against his mother's claim to his estate, in effect leaving the estate to his only child, Kyler Janovec, a son who doesn't have his same last name.
About three weeks after Mr. Schnitker's death, his mother, Marcia Schnitker, claimed she found his will in the glove box of an old Ford truck on her farm. The two-sentence will would've left $20,000 to Mr. Janovec and the remaining estate to her.
"We contested the validity of the will, and after seven days of trial, the jury agreed that was not the last valid will of Alan Schnitker," said Joe Elliott, an attorney for Mr. Janovec.
The weeklong trial included testimony from handwriting experts.
One of Ms. Schnitker's attorneys, Dan Boulware, said he plans to appeal for a new trial because "pertinent and relative evidence" was "improperly excluded by the trial court."
"That verdict was a tragedy, because that was the will of Alan Schnitker," Mr. Boulware said.
Mr. Schnitker, 46, died Aug. 11, 2007, in a fiery crash east of St. Joseph. A Buchanan County sheriff's deputy reported that he clocked Mr. Schnitker's 2006 BMW at 95 mph on Missouri Highway 6 near State Route Z, heading toward St. Joseph.
Mr. Schnitker later reportedly topped 104 mph before losing control of the car, leaving the road and crashing into a utility pole.
The estate included about 1,000 acres near Union Star, Mo., in DeKalb and Andrew counties, plus large machinery and vehicles. At one time it was valued near $3 million, though it's reportedly no longer worth that much.
Retired Clay County Judge Michael Maloney presided over the trial.
Joe Blumberg can be reached
at joeblumberg@npgco.com.



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donaldo says...
another case of not enough attorney to set up a will.i feel bad that this young man had to end his life this way without an adaquit will.i hope all will be settled without paying the attorney too much.the only alternative is accept the judge,s decree and pay the attoney before you loose your shirt.
May 23, 2009 at 12:15 p.m. ( permalink | suggest removal )
238er says...
Attorneys tried the case and will get paid what their agreement calls for with the son if this holds up on appeal.
May 23, 2009 at 12:55 p.m. ( permalink | suggest removal )
attaboy says...
Retired Clay County Judge Michael Maloney is a good judge the verdict will be upheld on appeal. This ia all sad.
May 23, 2009 at 12:59 p.m. ( permalink | suggest removal )
mom_of_5 says...
This is truly a sad story. I actually know of this accident. This man almost hit my 17 year old on his birthday that day. Thank god my son swerved out of the way. To make matters worse my son helped pull this man out of his car with the tropper. My son still thinks about this man losing his life everyday.
I am so sorry that man had to lose his life and now his family is fighting over his money.
May 23, 2009 at 10:14 p.m. ( permalink | suggest removal )