Daily Legal News - Probate Court Notices : 2018 ADV 238606 Vincent Cali, individually and as Executor of the Estate of Janet S. Cali

  • LEGAL NOTICE

    2018 ADV 238606—Vincent Cali, individually and as Executor of the Estate of Janet S. Cali vs. Joseph E. Marosan, Individually and as Trustee of the Edward A. Gale Living Trust dated September 30, 1995 and as beneficiary of the Estate of Tillie D. Coniglo, et al.

    The Unknown Heirs, Beneficiaries, Devisees, Legatees, Executors, Administrators and Assigns of Zelmira A. Gale, the place of residence of each being unknown; The Unknown Heirs, Beneficiaries, Devisees, Legatees, Executors, Administrators and Assigns of Leda Marosan, the place of residence of each being unknown, will take notice that on October 30, 2018, the undersigned, Vincent Cali, individually and as Executor of Janet S. Cali, filed his complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Defendant Marosan was required to provide each beneficiary with the periodic accounting of the Trust assets; that Defendant Marosan failed to provide the required accounting and such action constitutes a breach of fiduciary duty; that as a direct and proximate result of said breach, Plaintiff has been damaged in an amount not yet known but to be proven upon trial of this matter.

    Defendant Marosan owed a duty to Plaintiff and the other beneficiaries to timely and properly administer the Trust and distribute the Trust estate pursuant to the terms of the Trust; that Defendant Marosan has failed to do so, and such action constitutes a breach of fiduciary duty; that as a direct and proximate result of said breach, Plaintiff has been damaged in an amount not yet known but to be proven upon trial of this matter.

    That despite numerous verbal and written demands, Defendant Marosan has refused to make an accounting of the Trust assets to Plaintiff pursuant to law; that Plaintiff, therefore, demands that Defendant Marosan be required to render a full accounting to Plaintiff of the property, liabilities, receipts, and disbursements of the Trust.

    Wherefore, Plaintiff seeks the following relief:

    1. Judgment against Defendant Marosan for breach of fiduciary duty and damages in excess of $25,000.00 in an amount not yet determined but to be proven upon the trial of this matter.

    2. Judgment ordering Defendant Marosan to provide a full accounting of all the property, liabilities, receipts, and disbursements of the Edward A. Gale Living Trust dated September 30, 1995 from the date he accepted his Trusteeship to the present.

    3. Judgment compelling, Defendant Marosan to perform his duties under the Trust and complete the administration of the Trust.

    4. Judgment removing Defendant Marosan as Trustee and appointing a special fiduciary to take possession of the trust property and administer the Trust should the Court determine it in the best interests of the Trust beneficiaries.

    5. Judgment for Plaintiff's attorney fees, all costs associated with this litigation, and interest.

    6. And for any other relief to which Plaintiff may be entitled at law or in equity.

    The defendants named above are required to answer on or before the 30th day of January, 2019.

    VINCENT CALI, INDIVIDUALLY AND AS EXECUTOR OF JANET S. CALI.

    By John A. Grecol, Attorney for Plaintiff.

    Nov28Dec5-12-19-26, 2018Jan2, 2019

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