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Brother Sues Brother Over Mutilation of Mother

ANN ARBOR, Mich. - Jan. 21, 2018 - PrZen -- ‎Brother Sues Brother Over Mutilation of Mother

Dorothy Tobler died Mar 23, 2015, in her Ann Arbor, MI. home. Her two sons (Eric W. Tobler, 56, of Ypsilanti; and Stephen J. Tobler, 53, of Canton) are now embroiled in a legal battle over her remains and damages for mutilation.

In an attempt to get their mother buried, Eric Tobler is suing his bother (Stephen Tobler) for mutilation of their mother's body, refusal to honor her burial wishes, and a refusal to bury her for over two years.

Mrs. Tobler died with an estate, home and trust worth $6 million. Once the younger son (Stephen Tobler) realized he was to inherit everything, he tricked the court and medical examiner's office to have their mother cremated as fast as possible.

Mrs. Tobler had two children, and under the law they had equal rights to decide funeral arrangements.

Eric, the older son, was shocked to discover that his brother had mutilated his mother so no viewing could take place. In Michigan, both brothers (all surviving children) must agree before cremation can occur. Mrs. Tobler died of a respiratory illness, so her wishes for an open casket funeral could have been honored as her body was intact. Cremation destroys the closure an open casket viewing can bring the family -- which may have been Stephen's intent.

Intentionally altering their mother's body, without agreement, is considered mutilation under the law. Michigan laws regarding burial rights required each child to notify the other, and get permission, prior to acting. In the trial so far, Stephen's attorney has admitted that Eric was given no notice as required.

Court documents show that Stephen knew both his mother's intention and Eric's wishes – to have her body transported to Wisconsin, the site of her plot, for burial. Stephen has offered no explanation as to why he acted against the family tradition, and his mother's wishes.

"Cremation is not the family tradition," Eric Tobler (the older son) said. "It seems Stephen just wanted mom's money and had no regard for her last wishes."

Mrs. Tobler has a burial plot in her home town of Wisconsin and her will shows that she wanted to be buried soon after death. Her family plot includes her parents and all her siblings. She was the last child to die and being buried in the family plot would have the whole Leo Weix (her father) family together. (http://erictobler.com/weix-family-plot/) Stephen is refusing to allow Mrs. Tobler's friends, relatives or family to have a funeral or burial there.

"My mother was Catholic, has a plot and wanted a full funeral with a mass for friends and relatives," Eric said. "Stephen has denied mom the final prayer, the relatives a viewing, and has kept mom above ground for over two years after her death."

The Catholic religion also requires the burial of the dead. Sprinkling the ashes above ground is forbidden — the deceased must be buried. And it's unclear if the cremains are still available for burial.

"I'm not sure what Stephen did with her remains. Did he flush her down the toilet, chuck her in the trash, or is he doing something nasty to her cremains. I just don't know," Eric said. "I don't know if there is anything to bury, but I've got to try to get mom to her plot."

To get his millions, Stephen needed a death certificate. So he told the court that he would arrange for a funeral and burial to have access to the body. Instead of arranging a funeral and burial, he cremated his mother and has kept her above ground for over two years.

Surprisingly, of Mrs. Tobler two children, Eric is the disinherited son who wants to honor his mother's wishes and is spending his own money to try to get what's left of his mother to her chosen burial plot.

"Mom was my best friend when I was a child. We had the same sense of humor and enjoyed making each other laugh," Eric remembers. "My parents divorce was hard on all of us. I may have caused mom to disinherit me because I invited my father to my wedding."

Eric was disinherited six months after he was married. A fact he would not learn of until his mother's death, some 20 years later.

"I loved both my parents, but after the divorce, there was anger between them," Eric said. "Mom's death has taught me that I have unconditional love for my mom. Even if I am not getting a thing, I still want to take mom to her final resting place with love. I still want to honor my mother."

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    It's like a David vs. Goliath struggle, one brother is willing to spend some of his millions to keep his mother from her chosen burial plot. All to irritate the other brother.

    Stephen has now filed a counter suit to try to force Eric to abandon honoring his mother's burial wishes. In his deposition, Stephen has admitted that he has no proof that things are missing, yet he filed an insurance claim that paid him $78,000.

    "It's expensive going to court, but I want to honor my mother," Eric said. "My mother's father, mother, brother and sister are all buried in the family plots. I want to return my mom home -- so she can be with her family -- forever."

    Eric has set-up a site for people who want to know more & offer support. http://erictobler.com/support/

    "Loosing a parent you loved is hard enough. But I never imagined that someone would use her body as a tool to be cruel," Eric said. "When people send me a card, it really helps me keep up the fight for what's right."

    Circuit Court Case 17-248-NZ
    Link to the estate amount http://erictobler.com/warchest/

    http://erictobler.com/brother-sues-brother-over-mutilation-of-mother/

    Contact
    Eric Tobler
    eric@erictobler.com
    eric@erictobler.com


    Source: erictobler.com

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