Appeals court orders review

SANDPOINT — A former Bonner County resident who claims he was chiseled out of his inheritance while imprisoned on federal drug and money laundering charges has convinced the Idaho Court of Appeals to order further review of the estate.

Robert Leon Mertens, who is serving a 37-year sentence at a federal lockup in Illinois, claims that other heirs were looting his mother’s estate and preventing him from removing his own personal property.

The other heirs countered that Marcella Mertens’ will was invalid because Robert Mertens exerted undue influence on her when she in failing mental health. She died in 2004, about six months before he was convicted of conspiracy to distribute cocaine, heroin and marijuana.

Robert Mertens, 54, allegedly laundered his ill-gotten gains through his business, Northwest Coin & Jewelry in Coeur d’Alene.

Real estate, coins, gold and silver bullion, antiques and handguns were seized as part of the investigation.

Federal prosecutors obtained $3.7 million forfeiture order against Robert Mertens.

Estate heirs other than Robert Mertens reached a settlement in 2008 to break a deadlock in the estate’s probate proceedings. Robert Mertens challenged the settlement agreement.

The appeals court ruled that a Bonner County magistrate court judge erred by allowing a final distribution without determining exactly how estate expenses should be apportioned among the heirs, according to an unpublished ruling released on Jan. 17.

The appellate court is also ordering the lower court to hash out that question and also determine what interest, if any, Robert Mertens had in liquidated stocks for which he received no proceeds.

The lower court is further ordered to determine if the federal government has a right to claim proceeds Robert Mertens could gain through the reassessment of the estate.

Mertens is serving his 444-month sentence at federal prison in Pekin, Ill. His project release date is 2035, according to the Federal Bureau of Prisons’ website.