Family, wife of Warren man battle over half-million dollar estate
The surviving children of a deceased Warren man say that his wife pilfered up to a half-million dollars from him during their five-year marriage, including transferring nearly $300,000 of it to her children in her native Ukraine.
The wife, however, claims their father, Iwan Hlywa, approved of the way the money was spent even if they didn’t like it, before he died at 84 in September 2011.
The trial pitting the children of Hlywa against Mariya Wintoniw, 74, began with opening statements this week and will continue into next week in front of a seven-person jury and Judge Carl Marlinga in Macomb County Probate Court in Mount Clemens.
Stephan and Nicholas Hlywa accuse Wintoniw of moving $281,000 of Iwan Hlywa’s money to her two children in native Ukraine from 2006 to 2011, and in the weeks before his death as his mental abilities declined moved an additional $96,000 from his account to hers, among other transactions.
“She’s taking this money to send to Ukraine because someday that’s where she’s going to go,” said Patrick McQueeney, attorney for the Hlywas, during his opening statement.
But Wintoniw’s attorney, Walter Czechowski, said Hlywa spent the money how he wished and was coherent up until a short time before his death.
“It’s what John (Iwan) wanted,” Czechowski told jurors. “This is about the ability of an individual to make decisions for himself. He did what every man tries to do, take care of his spouse.
“They (his sons) wanted to decide how John spent his money before and after his death.”
Iwan “John” Hlywa and Wintoniw got married in 2006 during a weeks-long visit to Ukraine. Hlywa was born in Ukraine and came to the United States as a young man. His first wife died in 1993. Wintoniw came here in 1998 after her husband died. They met in 1999.
Hlywa was described by McQueeney as “an exceptionally frugal man” who saved money by reducing his meals and collecting rainwater to wash clothes even though he accumulated wealth working up to three jobs and buying and renting out a handful of properties.
McQueeny said Wintoniw had a “sense of entitlement” to the money because she took care of Hlywa. She accelerated her pilfering the sicker he got, exploiting him in an incapacitated state, he said. He told The Macomb Daily the family believes she deserved some money but far below the amount she took.
The civil lawsuit alleges undue influence, fraud, breach of contract and conversion.
The lawsuit says Wintoniw violated a prenuptial agreement that said the two would keep their money separate.
Czechowski said the prenuptial was done improperly and even if it was legitimate, it was circumvented by Hlywa and revoked via an attorney hired by Hlywa.
It was also overridden by a will created three months before his death that split the monetary assets in thirds between Wintoniw and Hlywa’s two sons. Wintoniw also was to receive two of Hlywa’s five properties, one of three parcels on Republic Street in Warren and one of two parcels in Sumpter Township, he said. Hlywa’s sons were to receive the other three.
Czechowski said the monetary split was $90,000 each, per the will.
But McQueeney said the will is illegitimate because of Hlywa’s mental state.
He said Wintoniw doesn’t deserve any of the properties, and the monetary amount indicates a total that is far less than what should be available. He said that Hlywa’s assets at one point reached $1.5 million.
More than $300,000 and ownership of the properties have been frozen pending the trial’s outcome.
Czechowski said Hlywa agreed to send money to Ukraine after his visit there to marry Wintoniw, who had returned there in 2004 after the couple broke up.
Hlywa created a bound with the people of Ukraine during the visit and spent the money to help them – repairing roofs on two churches, constructing a barn, purchasing a combine and, “yes, helping pay for her children’s student loans,” he said.
He said his client moved the $96,000 when she began to worry because credit union statements for the account stopped coming to their home and she suspected a relative tried to access the account.
Wintoniw, who says she does not speak English, testified Wednesday and Thursday through interpreter Valeriia Miller that she did not transfer the $96,000 from his to her account and said she worked for her husband.
“I worked for Iwan,” she said. “I did a lot of work for him.”
The wife, however, claims their father, Iwan Hlywa, approved of the way the money was spent even if they didn’t like it, before he died at 84 in September 2011.
The trial pitting the children of Hlywa against Mariya Wintoniw, 74, began with opening statements this week and will continue into next week in front of a seven-person jury and Judge Carl Marlinga in Macomb County Probate Court in Mount Clemens.
Stephan and Nicholas Hlywa accuse Wintoniw of moving $281,000 of Iwan Hlywa’s money to her two children in native Ukraine from 2006 to 2011, and in the weeks before his death as his mental abilities declined moved an additional $96,000 from his account to hers, among other transactions.
“She’s taking this money to send to Ukraine because someday that’s where she’s going to go,” said Patrick McQueeney, attorney for the Hlywas, during his opening statement.
But Wintoniw’s attorney, Walter Czechowski, said Hlywa spent the money how he wished and was coherent up until a short time before his death.
“It’s what John (Iwan) wanted,” Czechowski told jurors. “This is about the ability of an individual to make decisions for himself. He did what every man tries to do, take care of his spouse.
“They (his sons) wanted to decide how John spent his money before and after his death.”
Iwan “John” Hlywa and Wintoniw got married in 2006 during a weeks-long visit to Ukraine. Hlywa was born in Ukraine and came to the United States as a young man. His first wife died in 1993. Wintoniw came here in 1998 after her husband died. They met in 1999.
Hlywa was described by McQueeney as “an exceptionally frugal man” who saved money by reducing his meals and collecting rainwater to wash clothes even though he accumulated wealth working up to three jobs and buying and renting out a handful of properties.
McQueeny said Wintoniw had a “sense of entitlement” to the money because she took care of Hlywa. She accelerated her pilfering the sicker he got, exploiting him in an incapacitated state, he said. He told The Macomb Daily the family believes she deserved some money but far below the amount she took.
The civil lawsuit alleges undue influence, fraud, breach of contract and conversion.
The lawsuit says Wintoniw violated a prenuptial agreement that said the two would keep their money separate.
Czechowski said the prenuptial was done improperly and even if it was legitimate, it was circumvented by Hlywa and revoked via an attorney hired by Hlywa.
It was also overridden by a will created three months before his death that split the monetary assets in thirds between Wintoniw and Hlywa’s two sons. Wintoniw also was to receive two of Hlywa’s five properties, one of three parcels on Republic Street in Warren and one of two parcels in Sumpter Township, he said. Hlywa’s sons were to receive the other three.
Czechowski said the monetary split was $90,000 each, per the will.
But McQueeney said the will is illegitimate because of Hlywa’s mental state.
He said Wintoniw doesn’t deserve any of the properties, and the monetary amount indicates a total that is far less than what should be available. He said that Hlywa’s assets at one point reached $1.5 million.
More than $300,000 and ownership of the properties have been frozen pending the trial’s outcome.
Czechowski said Hlywa agreed to send money to Ukraine after his visit there to marry Wintoniw, who had returned there in 2004 after the couple broke up.
Hlywa created a bound with the people of Ukraine during the visit and spent the money to help them – repairing roofs on two churches, constructing a barn, purchasing a combine and, “yes, helping pay for her children’s student loans,” he said.
He said his client moved the $96,000 when she began to worry because credit union statements for the account stopped coming to their home and she suspected a relative tried to access the account.
Wintoniw, who says she does not speak English, testified Wednesday and Thursday through interpreter Valeriia Miller that she did not transfer the $96,000 from his to her account and said she worked for her husband.
“I worked for Iwan,” she said. “I did a lot of work for him.”
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