LOUISVILLE, Ky. — An Indiana judge ruled Wednesday the estate of Leon Noel, the deceased brother of Jamey Noel, will not be reopened despite claims Jamey stole thousands from the account and shorted his brother's heirs.
Special Judge Donald Mote acknowledged the allegations against Jamey are troubling, but suggested too much time has passed to legally allow the estate to be reopened. Judge Mote referenced case law that says after three months have passed from an estate closure, heirs cannot recover funds from a personal representative due to fraud, misrepresentation or inadequate disclosure related to the settlement of the decedent's estate.
"It is not lost on the court that these statues of repose may seem unforgiving, particularly when allegations such as those lodged by Petitioner, if true, are so disturbing," Judge Mote wrote in his decision.
Leon died in 2018 and the estate was closed in January 2020. Judge Mote said a civil lawsuit may be the best course of action.
"Petitioners may have a civil action against Jamey Noel based on allegations he converted estate assets and/or engaged in fraudulent conduct," he wrote. "Such an action would necessarily be separate from the estate herein however, as the estate cannot be reopened because any right of recovery is barred by [case law]."
In March, Leon's children - Dorian, Taylor and Jack Noel - filed a petition in Clark County Circuit Court to reopen the estate. They claimed Jamey, the executor, defrauded them a portion of their inheritance.
The petition said at least $52,000 never made its way to Leon's kids. Previous documents released by Indiana State Police, who have been investigating Jamey since June 2023, indicated Jamey sold Leon's house to his daughter, Kasey Noel, and gifted her $36,000 of equity.
ISP also said a check for $25,545.78 was issued to the estate and then deposited into a bank account controlled by Jamey.
Jamey Noel, the former Clark County sheriff, is facing 31 felony charges, including counts of including counts of theft, tax evasion, corrupt business practices, ghost employment, official misconduct and money laundering. He pleaded not guilty, and his trial is scheduled to begin Nov. 6.
Kasey is facing nine felony charges: five counts of theft and four counts of tax evasion. Her trial was scheduled to start this month, but has been continued. A new date has not been set.
Jamey's wife Misty Noel, who recently filed for divorce, is facing 10 felony charges: five counts of theft and five counts of tax evasion. Her trial is set for Oct. 28.
A large portion of the investigation has focused on Jamey, Misty and Kasey's purchases on Utica Township Volunteer Firefighters Association credit cards. Jamey ran the organization for many years.
Investigators say the family made nearly $4 million in personal charges over a five-year period, including clothing, travel, food and other expenses, without reimbursing the department.