JUNE , 2013
RETURN DATE: Has to be a Tuesday
DEMAND FOR JURY TRIAL
1. The plaintiff is a beneficiary under the Will of XXX, plaintiff’s mother. (Exhibit)
2. The defendant is a commissioner of the superior court licensed to practice law in the states of Connecticut and New York with a mailing address of XXXXXXX.
3. Defendant prepared the Last Will
and Testament for plaintiff’s mother in 1997 among other estate
planning documents, and he knows the provisions therein.
4. Plaintiff’s mother died on January 31, 2011.
5. At the time of death, plaintiff was living with her mother in the real property located at XXXXX and had been living with her mother for the previous eight years.
6. Defendant was appointed executor of the estate on XXXX 2011.
7. Defendant was directed in the Will [Page One, Article IIC] to distribute the residual estate to the four beneficiaries in equal shares including the real property at XXXXXXX.
8. The estate was financially liquid when defendant was appointed executor.
9. As executor and fiduciary of the estate, defendant had a fiduciary responsibility and obligation to the estate and its beneficiaries—XXXXX—owing to them all the standard duty of professional care to administer the estate in the best interests of the estate and the four beneficiaries.
10. At the demand of a co-beneficiary, defendant filed an unnecessary eviction against plaintiff on July 18, 2011.
11. Defendant executed the eviction on April 17, 2012.
12. Eighteen months after being appointed executor defendant was properly removed as executor on November 25, 2012 by petition and decree brought by the judge of probate
13. Plaintiff’s repeated claims of defendant’s wrongdoing and ethics violations over a 21-month period were, in part, confirmed and admonished by The Honorable XXXX of Superior Court after a 2-day trial on October 4th and 5th, 2012 and were made clear in his Memorandum of Decision. (Exhibit)
14. Defendant presented an invoice to the estate on October 12, 2012 in the amount of $94,000—for a simple estate with one car, one house and a small portfolio.
15. As stated in Judge XXX’s Decision, if not for defendant’s delay, improper handling and deliberate wrongdoing, the executor would have had sufficient funds to pay the testator’s list of claims, the expenses of estate administration and a reasonable executor’s fee. And, if there was a need for additional funds, the executor could look to the beneficiaries for any shortfalls.
COUNT ONE – BREACH OF FIDUCIARY DUTY
16. Paragraphs 1-15 form a part of this Count, as if it were stated here.
17. Defendant failed to follow the provisions in the Will or to provide the standard of professional care to protect the assets of the testator, act in good faith, and administer this estate in the best interests of all the beneficiaries.
18. Defendant’s actions wasted the estate and put the estate in a position of illiquidity intentionally, in order to force a sale of the real property; and denied and stalled distribution of the estate to the four beneficiaries. This same conclusion was also reached by Judge XXX in Superior Court following the trial in October 2012, among other clear and intentional unlawful activity by the defendant as further described herein.
19. Defendant’s intentional actions caused ill will, turmoil and disorder and inflicted unnecessary harm on the plaintiff, among other injury.
20. Defendant withheld vital information from the beneficiaries, obscured and misrepresented specific provisions in the Will and intentionally delayed administration of the estate for 21 months—right up to the time he was removed as executor.
21. Before being appointed executor by XXX Probate Court, before any appraisal was performed on the real property, and while plaintiff’s mother lay in a coma in XXXXX on life support, defendant tried to persuade the plaintiff to agree to a $500,000 valuation of the property and to accept her one-fourth (1/4) share from a sale of the house to two co-beneficiaries. Plaintiff told the executor it was most inappropriate for him to be discussing such a proposal at this time; and he was not the executor of the estate.
22. Plaintiff petitioned the probate court on several occasions, following his appointment, to compel defendant—who after 14 months had not filed an Inventory or List of Claims—to follow the Will and distribute the estate and the real property to the beneficiaries; and to allow her to remain living in her mother’s home until the estate was closed.
23. Defendant stated falsely while under oath in XXX Probate Court, XXX Housing Court and XXX Superior Court that there needed to be a ‘unanimous agreement among all four beneficiaries’ before he could distribute the property.
24. Under direct examination, Judge XXX discovered that defendant deliberately chose to try and assume the ro