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Tuesday, July 29, 2008

Judge gives slain man's daughter estate powers



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Alan Helmick
Alan HelmickENLARGE
Alan Helmick
GRAND JUNCTION — The daughter of murdered Whitewater businessman Alan Helmick has been granted “emergency” legal authority over her father’s financial matters.

Portia Rae Vigil, of Delta, who owns a Delta mortgage company founded by her father, wrote in sworn affidavit filed in Mesa County Court that “emergency circumstances” justified her appointment as special administrator for her father’s assets and property.

“While I am not accusing any person of wrongdoing, the circumstances surrounding his death suggest that special care should be taken to preserve assets, property and records,” Vigil wrote in the affidavit.

“At this time, no one knows what information might be helpful to the sheriff’s investigation.”

In the emergency filing, Vigil cited concerns about disappearing property and general neglect at Helmick’s 30-acre spread south of Whitewater, as well as recent activity associated with her father’s bank account.

“Assets of the estate of Alan Helmick are being removed from the decedent’s residence and some assets have been sold,” Vigil told Chief Judge David Bottger in the affidavit, supporting her request.

“Despite repeated attempts, I have been unable to contact the spouse of the decedent so as to determine the disposition of the assets.”

The affidavit was filed on July 17.

That was eight days before a scheduled court hearing when Vigil was expected to be formally named as personal representative for Helmick’s estate.

Bottger granted Vigil’s request on July 18.

Vigil wrote that Helmick’s last will and testament stated she should handle her father’s estate.

“Financial affairs and payment of debts of the decedent are not being handled by the spouse of the decedent.”

Alan Helmick, 62, was found by his wife, 51-year-old Miriam Helmick, shot in the head June 10 at the couple’s home at 34999 Siminoe Road, in what was initially reported as a robbery-homicide.

The sheriff’s office remains tight-lipped about the murder and has named no suspects.

Several friends of Miriam Helmick last week said they didn’t know where she was and have not been able to contact her for several weeks.

Vigil wrote in her affidavit the 34999 Siminoe Road home isn’t being maintained.

“The condition of the home is deteriorating to the point that it may soon be rendered unfit for sale,” she wrote.

Mesa County Assessor records list Alan Helmick as the home’s owner and the home’s value at $502,250.

Vigil also said officials with her father’s bank told her they couldn’t discuss the status of her father’s account until the judge granted her estate powers.

“I have been notified, directly and indirectly by several creditors, that checks written on decedent’s bank account are being returned due to insufficient funds,” Vigil wrote in the affidavit dated July 17.

Reach Paul Shockley at pshockley@gjfreepress.com.


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