Daily Legal News - Probate Court Notices : 2018 ADV 237188 Charles T. Brown, Trustee
2018 ADV 237188—Charles T. Brown, Trustee vs. David Bash, et al.
Unknown Heirs and Next of Kin to Dennis Bash, the place of residence of each being unknown, will take notice that on August 30, 2018, the undersigned, Charles T. Brown, Trustee of the Norman Bash Trust, filed his complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Norman Bash ("the Grantor") entered into a Trust Agreement with himself as Trustee on November 14, 2000, which he subsequently modified on November 11, 2004 and March 4, 2006; that the Grantor died on or about February 5, 2009; that the Plaintiff is the current Trustee of the Trust; that after the death of the Grantor, a separate trust share was created for the lineal descendants of the Grantor's son, Dennis Bash; that Dennis Bash is alive and has three (3) living children, namely David Bash (date of birth: July 9, 1995) ("David"), Jennifer Bash (date of birth: July 25, 1997) ("Jennifer"), and Taylor Bash (date of birth June 3, 2002) ("Taylor") (collectively "Dennis' children"); that as long as Dennis Bash is alive, the class of his lineal descendants remains open; that Dennis' unknown, unborn and unascertainable children who may be beneficiaries of the Trust require the appointment of a Trustee for Suit to represent their interests.
This Court has jurisdiction over the request to modify a non-charitable irrevocable trust upon consent of all the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust under Ohio Revised Code Section 5804.11(B).
Wherefore, the Plaintiff respectfully requests that the Court issue an Order as follows:
1. Article II, paragraph 3 in the Second Amendment of the Trust be deleted and replaced with the following:
"Division among Lineal Descendants.
Any part of the Trust my spouse does not or cannot effectively appoint shall upon the death of my spouse, or upon my death if my spouse does not survive me, be divided into three (3) equal shares, one (1) such equal share for my son, BRIAN BASH, or if he shall not then be living, his lineal descendants, per stirpes; one (1) such equal share to my son, GARY BASH; and one (1) such equal share for the benefit of the children of DENNIS BASH, namely and exclusively, DAVID BASH, JENNIFER BASH AND TAYLOR BASH, per stirpes. If my son, GARY BASH, shall not then be living the trust share provided herein for his benefit shall be allocated equally between my son, BRIAN BASH, or his lineal descendants, per stirpes, and the children of DENNIS BASH, namely and exclusively, David Bash, Jennifer Bash and Taylor Bash, per stirpes. The Trustees shall distribute outright and free of trust to my sons, BRIAN BASH and GARY BASH, their share of the trust estate; and shall hold, administer and distribute the trust share for the benefit of the lineal descendants of any of my sons (as limited with respect to the children, per stirpes, of my son, DENNIS, above) in separate Trust in accordance with Paragraph 4 below."
2. Article II, paragraph 4 in the Second Amendment of the Trust be deleted and replaced with the following:
"Trusts for a Son's Lineal Descendants.
The Trustees shall pay to a lineal descendant of a son of mine (as limited with respect to the children, per stirpes, of my son, DENNIS, above) for whom a separate Trust share is held under this Agreement the net income and/or such amounts of principal of his or her Trust as the Trustees deem proper for his or her welfare; provided, however, that the Trustees shall not make any payments or distributions to the children of DENNIS BASH, namely and exclusively, DAVID BASH, JENNIFER BASH and TAYLOR BASH, for any purpose for which my said son would have a legal obligation to provide to or for any such person, except for the existence of this Trust. Each such child of DENNIS BASH, namely and exclusively, DAVID BASH, JENNIFER BASH and TAYLOR BASH, shall be paid his or her separate Trust at age twenty-two (22). If any such children of DENNIS BASH, namely and exclusively, DAVID BASH, JENNIFER BASH AND TAYLOR BASH dies before that age, upon his or her death the balance of his or her Trust shall be divided among and held in or added to the separate Trusts under this Paragraph and distributed for the following persons:
a. For his or her lineal descendants then living, per stirpes; or
b. If he or she leaves no lineal descendants then living, per stirpes for such lineal descendant's then living nearest ancestor (other than a son of mine) with a lineal descendant then living."
3. Declaring that all the beneficiaries, or their representatives, of the Trust have consented to the modification of the Trust as set forth in paragraphs 1 and 2, above.
4. Declaring that the modification is proper and authorized in accordance with Ohio Revised Code Section 5804.11(B).
5. Granting such other legal and equitable relief as the Court deems fair and just.
The defendants named above are required to answer on or before the 15th day of March, 2019.
CHARLES T. BROWN, TRUSTEE OF THE NORMAN BASH TRUST.
By Veronica T. Garofoli and Daniel J. McGuire, Attorneys for Plaintiff.