Daily Legal News - Probate Court Notices : 2018 ADV 229849 Mary Ann Bigler, et al. vs. Elizabeth A. Goodwin, et al.
2018 ADV 229849—Mary Ann Bigler, et al. vs. Elizabeth A. Goodwin, et al.
Unknown Heirs, Executors, Assigns, Trustees, and/or Lineal Descendants of Lee E. Bigler III, deceased and Unknown Heirs, Executors, Assigns, Trustees and/or Lineal Descendants of Ronald Bigler, the place of residence of each being unknown and Ronald Bigler, believed to be deceased, whose last known places of residence are unknown, will take notice that on October 18, 2018, the undersigned, Mary Ann Bigler, et al., filed their amended complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that as Trustee Goodwin owes the beneficiaries a duty of loyalty, duty to act as a prudent person, duty to incur reasonable administrative costs, and duty to keep the beneficiaries informed; that to the further detriment of Mrs. Bigler and the remaindermen, Goodwin has failed to communicate with the beneficiaries, deliver requested detailed accounting information and justification for legal expenses of the Trust appropriately and has failed to properly prepare 2014 income tax returns, causing the Trust to incur unnecessary fees and adverse tax consequences; that as a result of Goodwin's breach, Mrs. Bigler, and the remainder beneficiaries have incurred damages in an amount to be determined at trial.
Pursuant to R.C. §5805.13(C), Goodwin is obligated to keep the beneficiaries reasonably informed about the administration of the trust and the material facts necessary for them to protect their interests; that to date, Goodwin has failed and refused to provide an adequate accounting of the Trust; that accordingly, Plaintiffs are entitled to a full accounting of the Trust.
Under the current circumstances, Mrs. Bigler, Todd and Dana, along with their adult children: pursuant to R.C. §5804.11(B), agree that the continuation of the Trust is no longer necessary or efficient to achieve any material purpose of the Trust.
Wherefore, Plaintiffs pray that this Court enter a judgment in their favor against Defendant Elizabeth A. Goodwin for the following:
(1): all relief to which Plaintiffs are entitled under law, including compensatory damages in an amount in excess of $25,000.00 and all other relief that the Court deems appropriate.
(2): complete annual accountings of the Trust's receipts, disbursements, appreciation and depreciation categorizing and detailing expenses for the entire period since Goodwin became Trustee.
(3): a declaratory judgment from this Court, pursuant to R.C. §5804.11, declaring that: (1) in accordance with Article III §5 of the Trust, the continuance of the trust is not necessary to achieve a material purpose of the Trust; (2) all beneficiaries consent; (3) and the Trust should be terminated and distributed to the current beneficiary in accordance with R.C. §5804.11(B); or, in the alternative, pursuant to R.C. §5807.06, removal of Goodwin as Trustee and appointment of a new trustee subject to the consent of all adult beneficiaries; and any other relief as this Court finds necessary to protect the interests of the beneficiaries.
The defendants named above are required to answer on or before the 9th day of January, 2019.
MARY ANN BIGLER, ET AL.
By Aanchal Sharma, Jennifer A. Savage and Scott J. Robinson, Attorneys for Plaintiff.