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Legal Notice2025 ADV 298101—Western Reserve Trust Company As Successor Trustee of the Henry J. McGinness Family Trust dated 12/2/00 as Amended fbo Michael McGinness vs. Michael J. McGinness, et al.Unknown and Unborn Issue of Michael J. McGinness, and Unknown and Unborn Issue of Kathleen A. McGinness, the place of residence of each being unknown, will take notice that on May 13, 2025, the undersigned, Western Reserve Trust Company As Successor Trustee of the Henry J. McGinness Family Trust dated 12/2/00 as Amended fbo Michael McGinness, filed a complaint in the Probate Court, One Lakeside Avenue, N.W., of Cuyahoga County, Ohio, alleging that Henry J. McGinness created the Henry J. McGinness Family Trust pursuant to a declaration of trust instrument dated 12/2/2000 which was last amended and restated on 11/7/2005 (the "Family Trust"); that under Item IV of the Family Trust, entitled "Trust For the Benefit Of My Son, Michael J. McGinness", a "separate trust" share of the Family Trust is allocated for the benefit of Henry and Suzanne's son, necessary party defendant Michael McGinness (the "Family Trust fbo Michael"); that Western Reserve Trust Company has served as Successor Trustee of the Family Trust fbo Michael from September 8, 2020 to the present; that Western Reserve as Successor Trustee intends to resign as Successor Trustee of the Family Trust fbo Michael. The terms of the Family Trust fbo Michael only allow for resignation if a successor trustee accepts the resignation; and that there is no currently named successor trustee to Western Reserve as Successor Trustee and no known corporate or other fiduciary willing to serve as a successor trustee of the Family Trust fbo Michael.
Western Reserve as Successor Trustee request the following relief and remedies for the claims set forth in this Complaint:
A. This Court issue an order declaring and appointing the successor trustee of the Family Trust fbo Michael and accepting Western Reserve's resignation as trustee.
B. This Court issue an order declaring the Final Account approved and discharging without liability Western Reserve as Successor Trustee.
C. This Court issue an order for all other relief available under law, facts, and equities of the case.
The defendant named above is required to answer on or before the 25th day of July, 2025.
Western Reserve Trust Company As Successor Trustee of the Henry J. McGinness Family Trust dated 12/2/00 as Amended fbo Michael McGinness.
By Franklin C. Malemud and Sarah Sears, Attorneys for Plaintiff.May23-30Jun6-13-20-27, 2025
Class
130
First Run
05/23/2025
Second Run
05/30/2025
Third Run
06/06/2025
Fourth Run
06/13/2025
Fifth Run
06/20/2025
Sixth Run
06/27/2025
Case #
2025 ADV 298101
Plaintiff
Western Reserve Trust Company, etc.
Defendant
Michael J. McGinness, et al.
