Lawsuit filed to remove Mark Sievers from family trust

FORT MYERS, Fla.- Teresa Sievers’ brother has filed a lawsuit to remove Mark Sievers as the acting trustee of the slain doctor’s family trust fund.

Court documents show Patrick Tottenham, who is currently acting as representative of his sister’s estate, would gain access to the trust set up in 2009 if Mark Sievers were to resign or be removed.

Mark Sievers has refused to resign as trustee of the account that would give him access to two life insurance policies with a total value of $3 million, documents show.

Mark Sievers filed a death claim form with the Ohio National Life Insurance Company on August 4 to collect the proceeds but the company has refused to pay out the money, according to the documents.

The Sievers’ two daughters are also named as qualified beneficiaries of the trust. The lawsuit states the insurance company is willing to pay out the life insurance policies if Tottenman is named as trustee of the fund.

A court may remove a trustee if the person shows “unfitness, unwillingness, or persistent failure” to administer the trust or if it’s found to be in benefit of additional beneficiaries.

The lawsuit alleges Mark Sievers, who is currently charged with first degree murder in his wife’s death, should be removed because he has been unable to collect the life insurance policies due to being “indefinitely incarcerated” while his bond is set at an amount he is currently “unable to meet.”