Daily Legal News - Probate Court Notices : 2018 ADV 239714 Kathleen F. Finelli, as Trustee, etc.

  • LEGAL NOTICE

    2018 ADV 239714—Kathleen F. Finelli, as Trustee, etc. vs. Caitlin C. Finelli, et al.

    Unknown and unborn Heirs of Caitlin C. Finelli, whose last known place of residence and present place of residence are unknown; Unknown and unborn Heirs of Kiera M. Finelli, whose last known place of residence and present place of residence are unknown; Unknown and unborn Heirs of Aidan B. Finelli, whose last known place of residence and present place of residence are unknown; Unknown and unborn Heirs of Bryson A. Finelli, whose last known place of residence and present place of residence are unknown, will take notice that on December 19, 2018, the undersigned, Kathleen F. Finelli, as trustee and current beneficiary of The Finelli Family Trust, dated July 3, 2002, and as trustee and current beneficiary of the Daniel A. Finelli Revocable Trust, dated November 19, 1996, filed her complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Plaintiff requests termination of the 1996 Trust because its continuation is not necessary to achieve any material purpose, and it contains provisions that are more restrictive as to Kitty's rights to the Trust property than Daniel intended.

    The remainder beneficiaries, individually and as representatives of their respective minor and unborn children, in accordance with Section 5803.03(F) of the Ohio Revised Code, have entered their appearance in this matter and their consent to the relief sought by the current beneficiary.

    Pursuant to R.C. §2721, Plaintiff seeks a declaratory judgment from this Court declaring termination of the 1996 Trust and consolidation of the proceeds of the Metlife Policy into Trust B of the 2002 Trust, in accordance with R.C. §5804.11(B); and any other relief as this Court finds necessary to protect the interests of the beneficiaries.

    Wherefore,

    Plaintiff prays that this Court enter a judgment in her favor for the following:

    For Count One:

    (a) termination of the Daniel A. Finelli Revocable Trust, dated November 19, 1996;

    (b) an order consolidating the assets of the Daniel A. Finelli Revocable Trust, dated November 19, 1996 into Trust B of The Finelli Family Trust, dated July 3, 2002.

    (c) determining and declaring that no conflict of interest exists between any of the current beneficiaries and his/her minor or unborn children and that the virtual representation of such minor and unborn children by the beneficiaries pursuant to Section 5803.03(F) of the Ohio Revised Code is valid and proper;

    (d) determining and declaring that all persons interested in this proceeding are properly before this Court and this Court has jurisdiction over the parties and subject matter of this proceeding; and

    (e) determining and declaring that in accordance with Section 5803.01 of the Ohio Revised Code, any other unborn or unascertained person, minor, or any other person under a legal disability who has an interest under the 1996 Trust, and who is not otherwise represented in this proceeding, is bound by the order.

    For Count Two:

    a declaratory judgment terminating the 1996 Trust and ordering distribution of the assets of Trust B of the 1996 Trust (namely the proceeds from the Metlife Policy) to The Finelli Family Trust, dated July 3, 2002, in accordance with R.C. §5804.11(B); 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 21st day of March, 2019.

    Kathleen F. Finelli, as trustee and current beneficiary of The Finelli Family Trust, dated July 3, 2002, and as trustee and current beneficiary of the Daniel A. Finelli Revocable Trust, dated November 19, 1996.

    By Aanchal Sharma and David M. Lenz, Attorneys for Plaintiff.

    Jan17-24-31Feb7-14-21, 2019

About your information and the public record.