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Minnesota group opposed to abortion loses battle to collect $842K from man's estate

The family said in a statement; "While we wish MCCL would have never pursued legal action, we are thankful for the court's decision."

By Paul Walsh

April 26, 2023 at 6:42PM

Saying he was inspired by the March for Life, a rally against abortion held at the Minnesota State Capitol every January, a Minnesota man gave nearly $850,000 to Minnesota Citizens Concerned for Life. His son stopped payment after his father’s death, saying his father had not been of sound mind. (Brian Peterson, Star Tribune file/The Minnesota Star Tribune)

A leading group in Minnesota that opposes abortion has lost its battle in court for a donation of nearly $842,000 from the estate of a benefactor who bequeathed the money one day before he died.

John Charais of Forest Lake made a gift of almost $850,000 in February 2022 to Minnesota Citizens Concerned for Life (MCCL) and its affiliated education fund, a gesture that emptied a family trust fund. The next day, Charais died by suicide at age 81.

His son, Nick Charais of Bemidji, stopped payment on the donation checks and said MCCL knew his father wasn't of sound mind when it accepted the money. The group sued the son last fall in Beltrami County District Court for the money.

Last week, Judge John Melbye sided with the son and dismissed MCCL's suit.

"The delivery of the checks does not constitute delivery of the money, and therefore there was no gift," Melbye's dismissal order read.

The judge also rejected the claim by MCCL that the family trust was in breach of contract by blocking the checks from being cashed, writing, "There was ... no enforcement contract. Since no enforceable contract existed, [the trust] did not breach a contract in this matter."

The MCCL and its attorney have yet to respond to a request for reaction to the dismissal and whether any further legal action is being contemplated.

Joe Windler, the family's attorney, said Wednesday that "the court held that delivery of a check alone cannot constitute a contract and, further, that MCCL did not provide [something in return] for the check. As a result, the court held there was not any merit to MCCL's breach of contract claim."

The Charais family, in a statement released Wednesday, said, "While we wish MCCL would have never pursued legal action, we are thankful for the court's decision. We are ready to put this episode behind us and continue the process of healing."

Soon after the trust was sued, Nick Charais told the Star Tribune in December MCCL officials were "trying to strong-arm me because they didn't think I'd fight them back. My dad wasn't right."

According to court documents, John Charais contacted MCCL in January 2022 after seeing news coverage of the group's March for Life at the State Capitol. He said that it reminded him of his late wife's deep commitment to causes opposed to abortion and that he wished to make a donation in her honor.

However, Nick Charais said his mother had no connection to MCCL and was not active in such causes. What's more, he added, his father had informed MCCL "he was going to commit suicide," the son said. "They knew."

The deal quickly came together. On Feb. 10, 2022, John Charais met with MCCL officials, including Executive Director Scott Fischbach, and signed two letters affirming his donation of nearly $842,000. The next day, he died by suicide.

Fischbach is the husband of U.S. Rep. Michelle Fischbach, a two-term Republican whose district covers nearly all of the western half of Minnesota and who co-chairs the Congressional Pro-Life Caucus.

The gift was nearly as much as the organization receives in donations in a typical year. During the five years from 2016 to 2020, MCCL and its education fund took in $900,000 to $1.2 million in donations annually, according to federal tax filings.