Last updated: August 24. 2013 10:11PM - 331 Views

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LIMA — Kathy Wangler’s mother is seeking to reopen her daughter’s estate in hopes of filing a wrongful death lawsuit.Sara Schlarman has filed a motion to reopen the estate and to be appointed in charge of it so she can proceed with a wrongful death lawsuit. A hearing is scheduled for April 21 in Allen County Probate Court to determine whether the estate can be reopened and whether she will be in charge. Judge Glenn Derryberry first must grant Schlarman’s request to give her the ability to file the lawsuit. Mark Wangler, Kathy’s husband who was convicted of aggravated murder in her death, was the fiduciary of the estate after she died. Kathy Wangler died Sept. 4, 2006, of carbon monoxide poisoning. A jury last month convicted Mark Wangler in her death and he was sentenced to life in prison. In other action, Mark Wangler was denied his request Friday on his motion for acquittal. Mark Wangler’s attorney, Christopher McDowell, said he will oppose Schlarman’s motion and should the case be reopened, he will request the court follow Kathy Wangler’s will which sought to have Mark Wangler named first to oversee the estate, followed by Mike Minor, Mark Wangler’s brother in law. McDowell also said Nathan Wangler, son of Kathy and Mark Wangler, could oversee the estate. Minor and Nathan Wangler both are willing to serve as the fiduciary over the estate, he said.“Nathan is a financial adviser so obviously he is a far superior administrator than an 80-something-year-old woman who has no experience in finance or law,” McDowell said. McDowell also said the filing of the motion by Schlarman shows she was after Mark Wangler’s money and to benefit from his conviction. He said the case would not have been pursed if the Schlarman family didn’t push the sheriff’s office so they could try to get to Mark Wangler’s money. “This whole thing shows their greed and that they were pressing the police because they wanted Mark’s money and that was their motivation to testify against him,” McDowell said.McDowell visited with Wangler on Friday at the corrections reception center in Orient and said the former doctor was upbeat.“He seemed to be in good spirits and believes he has good grounds for an appeal,” McDowell said.McDowell will seek a new trial. McDowell expects Wangler to be moved to another prison soon. Wangler is in a low-level form of protective custody with mostly older men to keep him safe from predators who might go after him because he is a doctor and has money.“He said he felt relatively safe,” McDowell said. On Friday, in ruling against the motion for acquittal, Judge Richard Warren stated there was a lot of evidence presented against Mark Wangler at trial and some evidence on his behalf. It was the jury’s function to weigh that evidence which the jury did and convicted him. Warren ruled there was more than sufficient evidence to convict Wangler.You can comment on this story at www.limaohio.com.

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