Tex McIver Trial: Lawyer who wrote will for Diane testifies - CBS46 News

Tex McIver Trial: Lawyer who wrote will for Diane testifies

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Source: WGCL Source: WGCL

Testimony continued Tuesday in the Tex McIver murder trial.

Ken Rickert, a lawyer who did both business and personal work for Diane testified that in 2007 Diane asked him to draw up an amendment to her 2006 will. The amendment was found in Diane's filing cabinet along with her will after she died. However, that amendment was never signed. 

Rickert said he wrote the codicil a year after Diane's godson Austin Schwall was born.

"She wanted to set up a trust for Austin and it would pay him the trust value each year once he reached age of 25," Rickert told the jury.

It would also pay for Schwall's higher education. Although she kept the document in her filing cabinet with copies of her will, Diane never signed it. In that cabinet Rickert found several copies of Diane's 2006 will. However, one of those copies had changes marked on it.

"It appears to be Tex. I'm not a hand writing expert," Rickert said.

Rickert says he believed McIver circled the section of Diane's will that left her wedding ring to her husband. McIver also wrote something next to it.

"There is a circle around wedding ring and then there is a line and other jewelry question mark," Rickert added.

Rickert said if McIver died before Diane, her ring would go to his estate. The state then had the attorney read an email Diane had sent to McIver about not wanting her belongings to go to his son Robbie.

"Why does Robbie get my ring on my death. That's what it says."

McIver has three children but only has a relationship with his son Robbie.

"Diane did not like Robbie, she had some run ins with him," Rickert said.

McIver's attorney's say the documents means nothing and if Diane wanted a new will she was free to make one.

"Did you ever see an email or did she ever hand you a document where she made a new will," Defense Attorney Amanda Clark Palmer asked Rickert. "NO," Rickert said.

Rickert also testified that McIver owed Diane $350,000. McIver's attorneys say just because Diane died doesn't mean the loan goes away. However, a real estate researcher testified Tuesday that in the year after Diane's death McIver tried to take out a $350,000 loan against his ranch but was denied. 

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