Daily Legal News - Probate Court Notices : 2019 ADV 240483 Janice Brucato, Executor Estate of Guy Eugene Chamberlain, deceased

  • LEGAL NOTICE

    2019 ADV 240483—Janice Brucato, Executor Estate of Guy Eugene Chamberlain, deceased vs. Unknown Heirs of Guy Eugene Chamberlain, et al.

    Unknown Heirs of Guy Eugene Chamberlain, deceased, the place of residence of each being unknown; Unknown Beneficiaries of the Chamberlain Family Trust dated July 3, 1995, the place of residence of each being unknown, will take notice that on January 20, 2019, the undersigned, Janice Brucato, Executor Estate of Guy Eugene Chamberlain, deceased, filed her complaint in the Probate Court One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that a trust is not required to be evidence by a trust instrument, but the creation of an oral trust and its terms may be established only by clear and convincing evidence; that there is no evidence, whatsoever, regarding the terms of the decedent's trust, the beneficiaries of the trust, the successor trustees, if any, and the powers of the trustees to sell or otherwise convey the real estate; that due to the lack of clear and convincing evidence as to the terms of the trust and the elements set forth in Ohio Revised Code Section 5804.02(A) the Trusts is invalid and the Real Estate should be determined to be an asset of decedent's estate and administered in accordance with the terms of the decedent's Will.

    Ohio Revised Code Section 5804.10 provides that a trust terminates if a court determines that no purpose of the trust remains to be achieved, or a court determines that the purposes of the trust have become unlawful or impossible to achieve; that in this case, since no Trust Agreement can be located, the purpose of the trust is unknown, and its purposes are impossible to achieve; that since the trust cannot be acted upon this Court must therefore terminate the trust and the Real Estate should be determined to be an asset of decedent's estate and administered in accordance with the terms of the decedent's Will.

    Wherefore, Plaintiff requests a declaratory judgment from this Court determining either (i) that the decedent's Trust is invalid or (ii) that the decedent's Trust should be terminated and further ordering that the real estate located at 32635 Jefferson Drive, Solon, Ohio 44139, currently titled in the name of the Trust, is instead an asset of the decedent's estate and should be administered in accordance with the terms of the decedent's Will.

    The defendants named above are required to answer on or before the 22nd day of April, 2019.

    Janice Brucato, Executor Estate of Guy Eugene Chamberlain, deceased.

    By Kathryn T. Joseph, Esq. and Sarah Lukwinski-Shemo, Esq., Attorneys for Plaintiff.

    Feb16-23Mar2-9-16-23, 2019

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