Paula Sims, serving life in prison, could inherit her son’s estate

Paula Sims is serving life in prison for murdering her two infant daughters, but an insurance company is asking a judge to decide whether she should inherit a $50,000 death benefit after her her ex-husband and son died in a fiery car crash in June.

Madison Mutual Insurance Co. filed a complaint in Madison County asking a judge to decide who should be the beneficiaries of Robert Sims’ and Randall Sims’ estate, and whether Paula Sims should be among them.

“This is a very recognized method by which insurance companies asked the court who the appropriate beneficiaries should be,” said Edwardsville attorney Kevin Babb, who represents Madison Mutual.

Paula Sims, formerly of Brighton, gained national attention after she claimed in 1986, then again in 1989, that her infant daughters were taken by a masked gunman.

A Madison County jury convicted Sims of first-degree murder on Jan. 30, 1990, for the death of her 6-week-old daughter, Heather Lee Sims. She later pleaded guilty to obstruction into the investigation and concealing a homicide in the death of her daughter, 13-day-old Loralei Sims.

Paula Sims is serving a life sentence at the Dwight Correctional Center in Northern Illinois.

Her former husband, Robert Sims, who was never charged in the deaths, had testified on his wife's behalf at trial but divorced her months later. He had taken custody of their one surviving child, Randall.

Robert Sims, 63, and Randall Sims, 27, were killed June 21 when their Jeep was forced off an interstate overpass near Jackson, Miss. The Simses’ Jeep was traveling south when a white Volvo driven by Yolanda McNeely clipped the back of the car, causing the Jeep to careen off a bridge. Both men were ejected and pronounced dead at the scene.

McNeely, who faces charges of leaving the scene of an accident involving death and felony driving under the influence, did not have insurance at the time of the crash. Robert Sims had uninsured motorist coverage of $25,000 per person and $50,000 per occurrence, Babb said.

The decision will clarify how the money will be divided. Robert Sims remarried and he and Victoria Sims had no children. That would leave Victoria Sims as the sole heir to her husband’s estate. Randall Sims was not married and had no children, so his biological mother, Paula, would be his heir.

But, as Babb explained, it isn’t that simple. If Robert Sims died even slightly before Randall Sims did, some or all of the money technically would be left to Randall Sims. When Randall Sims passed, his share would go to Paula Sims.

“This cause of action will clarify any possible implications as to the order of death,” Babb said.

The court also will decide who can bring a wrongful death suit.

In its complaint, Madison Mutual noted that Victoria Sims, Robert’s wife, and Jerry Sims, Robert Sims’ brother and Randall Sims’ uncle, have made a claim for the money.

Paula Sims filed an affidavit delineating her wishes for Randall Sims’ estate. She wanted everything to be given to Victoria Sims, after any of Randall’s outstanding debts are paid. The assets include Randall Sims’ share of the uninsured auto policy, a 1998 Chevy Van, a 2010 Mercury Milan and any checking or savings accounts in Randall Sims’ name. She also stated in the affidavit that she gives Victoria Sims the right to sue for any wrongful death suit.

However, that affidavit alone may not be enough to eliminate her from inheriting part or all of the estate, Babb said. Randall Sims did not have a will.

“It’s up to the judge,” he said.

If a judge decides Paula is entitled to a portion of Randall’s estate, it doesn’t get legally easier, even if she doesn’t want the money. The Illinois Attorney General can go after those assets, such as settlements and inheritance, to pay for the costs of incarceration, said Brian Nelson, a paralegal and prisoner rights coordinator with the Uptown People’s Law Center in Chicago.

Earlier this year, the state sued Yolanda Fondren, who was on parole for attempted armed violence. The state claimed Fondren had more than $200,000 in an account and sued her for $110,000 — the costs of her five years of incarceration.

In this case, it isn’t yet clear who will receive Randall and Robert Sims inheritance. A judge has not been appointed to the case, and no court date has been set for the hearing.

“Paula Sims requests that if any other assets are found in the name of Randall Sims to please notify her and at that time she will address those issues,” she wrote in her affidavit.

This story was originally published December 5, 2015 at 2:49 PM with the headline "Paula Sims, serving life in prison, could inherit her son’s estate."